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Firestorm 2003 Archive

Man Accused Of Starting Cedar Fire Enters Plea

Martinez Pleads Not Guilty

POSTED: 11:23 am PDT October 7, 2004

A hunter pleaded not guilty Thursday to federal charges that he intentionally set the Cedar Fire -- the state's largest-ever wildfire -- then lied about what happened.

Sergio Martinez, 34, of West Covina, appeared before U.S. Magistrate Judge James Stiven a day after being indicted by a federal grand jury.

Martinez, who works as a housing developer, will remain free on a $100,000 property bond put up by his parents to assure his court appearances, Stiven said.

The defendant lives with his mother and father at the family home they've owned for 30 years, said defense attorney W. Phillip "Wayne" Higgins.

"The family is supporting him," his co-counsel and cousin Jose Martinez said outside court.

The magistrate ordered the defendant to submit to random drug testing because prosecutors said Martinez told officers at the scene he was worried they would find marijuana belonging to him.

The defendant was ordered to return to court Nov. 5 for a motions and trial-setting hearing before U.S. District Judge Roger Benitez.

The two-count indictment alleges Martinez intentionally set the 273,246-acre Cedar Fire last Oct. 25, just before sunset, on U.S. forest land, after getting separated from a friend on the first day of deer hunting season.

The Cedar Fire killed 15 people, burned 2,200-plus homes and did $400 million in damage.

By some accounts, Martinez allegedly started the blaze so rescuers could find him. When he was located, the hunter was said to be dehydrated, disoriented and remorseful, and to have initially blamed the fire on a gunshot.

But according to the indictment, Martinez lied to officers about what happened and set federal timber ablaze.

"The fire was, in fact, intentionally set," Assistant U.S. Attorney Michael Lasater told the magistrate. He said Martinez' canteen was found a few feet from the fire's origin.

According to 14 of 16 special allegations in the indictment, the charged offense resulted in the deaths of James Shohara, Solange M. Shohara, Randy M. Shohara, Stephen Shacklett, Galen Blacklidge, Quynh Yen Pack, John James Pack, Ralph Marshall Westley, Mary Peace, Gary Downs, Christy Anne Seiler-Davis, Jennifer Sloan, Robin Sloan and Novato firefighter Steven Rucker, who died trying to save homes.

Martinez could get up to 10 years behind bars if convicted, prosecutors said.

San Diegans who spoke with 10News seem split on whether Martinez is to blame.

"I'm really shocked. I think somebody has to pay for the loss," said Alisa Merrone, whose niece and sister-in-law were killed in the fire.

"He should definitely go to jail if he did it," one Scripps Ranch resident said.

But others said they don't blame him.

"He didn't mean to hurt anyone, it was purely accidental. Our anger is still directed at emergency response of city," fire victim Marsha Linehan said.


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