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State v. Mr. W (DMC No. 12949)

Federal Felony Arson Not Charged – State v. Mr. W (DMC No. 12949) (U.S. Forest Service Investigated):  On May 27, 2012 the Bagley wildfire had started and burned a large area of the U.S. forest land.  An investigation was begun and it was claimed that a lighter was found near a campfire site where Mr. W had been.  The forest service had claimed that area was accessed from Saguaro Lake by way of a boat. There was a grill that was used, and food was cooked.  It was claimed that the fire had accidently gotten out of control and burned one and a half acres.  It caused the evacuation of 40 campers in the area.

We were able to contact the investigator for the U.S. Forest Service and present evidence that showed he was only in the area of the fire, along with the other 40 campers, and that there was no evidence that Mr. W was involved in the fire itself.  Ultimately, the Assistant United States Attorney declined the charge of felony arson due to a lack of criminal intent.

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