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34941Re: [John Muir Trail] Small fires in the wilderness

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  • John
    Sep 9, 2013
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      In regards to why the identified person has not been charged or at least cited yet, here's something to ponder:

      As stated in a previous email and I'm sure multiple press releases, this is still an open and on-going investigation.  If the person who started the fire was prematurely cited for the illegal fire and he/she immediately pled guilty to that lesser charge (infraction or misdemeanor perhaps), case law might prohibit the prosecuting agency from pursuing greater (felony)  charges in the future should more criminal culpability be discovered during the follow-up investigation.   

      This is most commonly referred to as "double jeopardy", where absent special circumstances, one cannot stand trial for the same "crime" twice.  If he/she were to plead guilty in the original citation, it would most likely close and lock the prosecutor's door.

      Be patient...

      Thank you and I'll step down from my soapbox now so as not to fuel this tangent discussion any further than it needs to go ;)

      John M.

       
      On Sep 9, 2013, at 11:23 AM, casey wrote:

       



      I believe if you check your calender you will find it was opening weekend of deer season for bow hunting. Also squirrel season was open.

      As I understand the local press releases, the hunter was identified and interviewed by authorities about two days after the fire began. The investigation is still open. It was the fire chief of Twain Harte that made the statement that it was an illegal marijuana grow without any evidence and while the investigation was still ongoing.

      Why the person has not been identified and charged or at least cited for an illegal campfire no one quite understands.


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