Report on Black Forest Fire investigation says there isn’t enough evidence for charges to be filed

An executive summary released by the El Paso County Sheriff’s Office says that while the investigation into the Black Forest Fire is considered complete, it will reopen the case if new evidence surfaces.

Click the link under “related content” to view the report.

The fire started on June 11, 2013 and was contained on June 20, 2013. It burned 14,280 acres and destroyed 489 homes. Two people died in the fire.

The report says that the investigation into the origin of the fire began within 24 hours of the fire starting. It says that through an exhaustive investigation involving multiple agencies, it was determined that the fire started in a wooded draw with no man-made structures or utilities nearby.

The remote location of the fire’s origin allowed investigators to rule out power lines, railroad activity, gas leaks or other similar causes. Lightning was also ruled out as the nearest lightning strike to occur in the days before the fire started was recorded more than three miles away.

The report says there were no mulch or hay piles that could have spontaneously combusted and further computer analysis of the topography, weather conditions and fuel types in the area ruled out all natural causes.

During an examination of the scene, the only foreign items found and collected for testing were some metallic particles. Analysis was conducted on the particles as well as on potential sources for the particles including gas powered tools, tractors, vehicles, chimneys, etc., from the local area.

The investigation found that wood cutting had been done in the area using gas powered tools and vehicles. It also found that other residents had used their fireplaces.

The report says that analysis was performed by the San Dimas Technology and Development Center, the ATFE Forensic Laboratory and the FBI Laboratory. The examined gas powered items and any associated spark arresters on them were examined and found to be in normal operating condition and none could be identified as the source. Forensic laboratory tests to positively identify the origin of the metallic particles were inconclusive.

At this point, a natural cause for the fire was ruled out, meaning the fire must have been human caused. Investigators were not, however, able to say definitively whether the metal particles that were found at the point of origin were related to the cause of the fire.

The report says that there is no evidence that the fire was set intentionally, but that possibility cannot be ruled out. It says the point of origin was in an area that is not readily accessible from a roadway, allowing an easy escape.

In addition to the forensic inquiry, investigators interviewed people who live in the area. They were asked about their backgrounds, their activities in the days leading up to the fire and their general observations. The first firefighters to arrive on scene were also interviewed.

Photos and video were collected from surveillance video, snapshots from game cameras and photos of the fire taken by witnesses. Photos of the fire taken by firefighters were also collected as part of the investigation.

Aerial photography of the entire burn area was recorded and each neighboring house was examined along with any tools or equipment that could have been capable of causing a spark or significant heat.

The executive summary says that investigators also followed up on around 244 leads. It says none of those leads led to any definitive evidence about how the fire started or who was responsible.

Following the completion of the investigation, it was reviewed by the Sheriff’s Office Investigations Division and the 4th Judicial District Attorney’s Office to determine if any additional leads remained.

It was determined that all leads had been followed up on, and that there was not enough evidence to warrant criminal prosecution.

The summary concludes by saying that while the investigation is considered complete, any new information or evidence that surfaces will be thoroughly investigated.