Thirtymile Case Counter-Productive

The International Association of Wildland Fire and the Federal Wildland Fire Service Association recently issued a joint statement opposing the criminal charges for involuntary manslaughter filed in December by the U.S. Attorney in Spokane, Wash., against the crew leader who lost four firefighters during the Thirtymile Fire, saying the charges do not serve the public's need for fire protection.

Outgoing IAWF President Dick Mangan of Missoula, Mont., and incoming President Chuck Bushey of Billings, Mont., stated their opposition to the criminal charges. Their concerns were echoed by Casey Judd, executive director of FWFSA.

The charges against Ellreese N. Daniels include four counts of manslaughter for gross negligence and five counts of giving misstatements to investigators. The statutes cited in the complaint are 18 USC 1112 (manslaughter generally) and 18 USC 1114 (“protection of officers and employees of the United States”). The law that increased investigations was PL 107-203, which requires USDA's inspector general to investigate “each fatality of an officer or employee of the Forest Service that occurs due to wildfire entrapment or burnover” and report to Congress. These investigations are to be independent of Forest Service investigations. The criminal complaint can be found at: http://tinyurl.com/y9dxcy.

The charges, coming nearly six years after the fatal event, has had a chilling effect on federal and state wildland firefighters across the United States, and are also being carefully watched by Australian and European fire personnel, said the IAWF. Since the announcement by Asst. U.S. Attorney Thomas Hopkins of his intent to bring Daniels before a grand jury, firefighters have been coming forward stating their unwillingness to accept the responsibilities of making the sometimes split-second decisions, only then to find their decisions reviewed with 20/20 hindsight after more than five years, resulting in criminal charges.

For the public at large, and for homeowners and others with property in the areas generally described as the wildland-urban interface, this may result in fewer highly qualified firefighters taking leadership roles on fires. It also may result in a more conservative and less aggressive approach to suppressing wildfires by those willing to accept leadership positions such as incident commanders or crew supervisors. The end result could be more acres burned, more homes and other structures destroyed, and greater fire suppression costs to the taxpayers.

Mangan and Bushey, with more than 50 years of professional wildland fire experience between them, have both served in wildfire leadership positions across the United States, so they can appreciate the uncertainty of some fire situations, and the decisions that must be made under stressful conditions with lives and property at risk. The IAWF and FWFSA state that while holding firefighters and leaders accountable is essential to safe and efficient fireground operations, the criminalization of firefighters for their decisions is counter-productive, and fails to serve the public's needs for wildland fire protection.

International Assn. of Wildland Fire
P.O. Box 261
Hot Springs, S.D.
57747-0261
ph: 605-890-2348
fax: 206-600-5113
iawf@iawfonline.org

To join the IAWF, visit
www.iawfonline.org