Man who started Gann Fire was previously sentenced for causing 2018 fire
Herbert Wayne Smith says he did not intentionally start Calaveras County wildfire
ANGELS CAMP, Calif. —
A man arrested and accused of recklessly starting the Gann Fire in Calaveras County said he did not intentionally mean to ignite the flames. Court documents show he was previously sentenced for starting a 2018 fire.
In a one-on-one interview with KCRA 3, Herbert Wayne Smith, 65, of Valley Springs, said it was his birthday when the fire started on Monday. He had wanted to earn some money for a dinner with his wife by gathering some scraps and was using a saw to cut some scraps when it ignited.
“I’m so sorry for everything that’s happened,” Smith said. “That was never my intent. I was just out there trying to get some money together, and it turned into this.”
Cal Fire said its law enforcement officers arrested Smith for recklessly causing a fire and the case has been submitted to the Calaveras County District Attorney’s Office for review and prosecution.
Jail logs showed he was also booked on charges related to causing a fire of a structure or forest land, allowing a fire to escape or spread, and operating machinery without clearance.
He was arrested at 8591 Hogan Dam Road at 7:43 p.m. Monday, hours after the Gann Fire ignited.
Smith said he has since posted bond, and jail records also reflect that.
Documents obtained by KCRA 3 show that Smith was charged on May 28, 2018, with a misdemeanor offense. It was a charge that stated he “willfully and unlawfully set fire to any forest, brush, or other flammable material which is on any land that is not his own, or under his legal control, without the permission of the owner, lessee, or agent of the owner or lessee of the land.”
The document claims he was using a portable tool powered by gasoline.
Court records show he also pleaded no contest to burning lands of another and was sentenced to 36 months of probation. The court documents also show Smith has a list of drug-related offenses.
Cal Fire said the Gann Fire started shortly before 5:30 p.m. Monday near Hogan Dam and Gann roads near New Hogan Lake.
Smith, in his interview, repeatedly stated that he did not mean to start the fire and expressed remorse.
“This is going to destroy my life, one way or another,” Smith said.
The arrest comes as crews have begun to establish containment lines around the fire to help prevent flames from continuing to spread.
Flames have threatened hundreds of residents and have burned at least two homes. In response, the Calaveras County sheriff declared a local emergency, and the Federal Emergency Management Agency approved federal funding for California to increase resources in combating the fire.
As of Wednesday morning, Cal Fire said more than 9,000 acres have burned, and that number is likely to increase because of active flames, but also because of controlled burns crews are conducting.
Calaveras County Unified School District classes were canceled Wednesday because of the air quality affected by the wildfire smoke. The district will assess day by day whether to cancel classes.
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