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Cedar Fire Suspect Pleads Guilty

POSTED: 10:03 am PST March 10, 2005
UPDATED: 12:21 pm PST March 10, 2005

A West Covina man pleaded guilty Thursday to settin San Diego County's Cedar Fire, the state's largest-ever wildfire that burned more than 2,200 homes and killed 15 people in October 2003.

Under a plea agreement, Sergio Martinez, 34, faces a maximum of five years in prison when he is sentenced Aug. 5.

Martinez pleaded guilty to setting timber afire. A second charge of lying to a federal officer was dismissed.

Authorities said Martinez intentionally set a fire on Oct. 25, 2003, when he became separated from a friend on the first day of deer hunting season.

Martinez told U.S. District Judge Roger Benitez that he was completely dehydrated when he set a fire in the Cleveland National Forest, put it out, then set another fire and couldn't put it out.

"It was too late," Martinez told the court.

Outside court, Martinez told reporters that he's had a lot of restless nights since the incident.

"I had to do this. I had to do the right thing," Martinez said. "None of this was ever intentional."

The judge told Martinez that he could receive up to five years in custody, no time in custody or anything in between.

Benitez allowed the defendant to preserve his right to appeal on the issue of whether criminal intent was required as an element of the crime he admitted.

Sergio Martinez

Assistant U.S. Attorney Michael Lasater told reporters that as long as the act was willful, criminal intent was not required.

Lasater said he would argue for the maximum prison sentence for Martinez.

The defendant's attorney, Wayne Higgins, told reporters that his client really shouldn't be considered a criminal.

"My position is that no jail time would be appropriate," Higgins said outside court.

According to an indictment, Martinez told authorities he made a fire just before darkness fell.

The defendant told authorities he started the fire so rescuers could find him. When he was located, the heavy-set man was said to be dehydrated, disoriented and remorseful, and asked if a stray gunshot could have started the blaze.

Martinez's canteen was found a few feet from the fire's origin, Lasater said at the defendant's arraignment.

What would become known as the Cedar Fire burned more than 270,000 acres of brush and did more than $400 million in damage before it was put a month later.

It was the largest of three wind-driven wildfires that collectively ravaged San Diego County 16 months ago.

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