Legal outcomes difficult to track for hundreds of human-caused Utah wildfires

SALT LAKE CITY (KUTV) — There have been hundreds of human-caused wildfires this year in Utah, but the legal outcomes are hard to track.

At least two people have been charged recently for starting fires: one for the Memory Grove Fire in Salt Lake and one for the Mountain Road Fire in Ogden.

This year alone, 327 wildfires have been started by people in Utah — an act that should carry consequences, according to some.

“Certainly, if it’s intentional, it’s against the law,” resident David Mastroianni said. “If it’s not intentional, then they weren’t being as careful as they should be with something they should be careful with.”

But, before anyone gets to that point, there’s a lot of work that goes into figuring out what started the fire, let alone who.

“The fire investigator will show up on scene and will look at the scene, collect evidence, and then turn it over to the proper authorities,” said Kelly Wickens with Forestry, Fire, and State Lands.

Tracking which fires end with criminal charges or civil suits is difficult.

Wickens said that once the fire is out and the investigator turns the evidence over, their work is done, and it’s up to the proper authorities to press charges.

“Arson does require — this is what makes it difficult — is that you have to establish someone intentionally started a fire,” said former prosecutor Nathan Evershed.

Evershed said there are more charges than just arson, such as reckless burning.

“So, if it’s not intentional and it’s more accidental, it can still be viewed as being reckless,” Evershed said.

That could mean if a firework accidentally causes a fire.

Evershed said that there’s also a difference between causing a structure fire and a grass fire. A structure fire could result in aggravated arson charges.

But what happens if a fire is completely accidental?

“It’s more difficult to find a criminal sanction on that … still could be a civil sanction on that, where somebody would have to pay restitution,” Evershed said.

So, while there’s no concrete number for how many human-caused fires have led to charges or civil suits, there are a lot of avenues if someone does get caught.

Evershed said you can even be charged if you just abandon a campfire that causes a fire.

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