Insufficient evidence to take father, son to trial for recklessly starting Caldor Fire, judge rules
PLACERVILLE - A judge ruled there is insufficient evidence to take the father and son suspected of recklessly starting the Caldor Fire to trial, the El Dorado County District Attorney's Office confirmed.
David and Travis Smith were charged with reckless arson in connection with the 2021 fire that burned through El Dorado, Alpine and Amador counties. A court found there was not enough evidence to meet the requirements that the behavior was reckless.
"As to reckless burning charges, the court found there was insufficient evidence to meet the legal requirements that the behavior was reckless as defined in Penal Code section 450, requiring that an individual knows their actions present a substantial and unjustifiable risk but consciously disregards that risk," the district attorney's office said.
Prosecutors said they showed evidence that David and Thomas drove out of a location where the Caldor Fire started and were shooting a gun during the dry conditions.
The U.S. Forest Service then determined a bullet strike was the probable cause of the fire, prosecutors said.
Travis is scheduled to be arraigned on Feb. 2 for possession of a machine gun charge. David is scheduled to be in court the same day for arraignment on a possession of silencers charge.
