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Tennessee Drops Charges Against Teens In Connection With Deadly Chimney Tops Fire

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Charges against two teens believed to be responsible for the deadly Chimney Tops 2 fire that started in Great Smoky Mountains National Park last November have been dropped/Bruce McCamish

Saying they could not directly tie the Chimney Tops 2 fire in Great Smoky Mountains National Park with the subsequent fires in and around Gatlinburg, Tennessee, that killed 14 people last year, Tennessee authorities have dropped charges against two teenagers.

The two unnamed teens were charged last December. According to the Tennessee Bureau of Investigation, an investigation involving their agents, the National Park Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Sevier County Sheriff’s Office generated information "that two juveniles allegedly started the fire."

A subsequent petition was filed in juvenile court "charging the juveniles with aggravated arson. Both were taken into custody and transported to the Sevier County Juvenile Detention Center. At this time, the investigation is active and ongoing," the Tennesse Bureau of Investigation said in a release at the time.

Last week, the charges were dropped. Gregory P. Isaacs, the attorney for one of the boys, told reporters Friday that "based on the proof and the evidence, (his client) did not cause the death and devastation in Gatlinburg."

When the Chimney Tops 2 fire was reported atop one of the many ridges of Great Smoky Mountains National Park late in the day on November 23, it covered only about 1.5 acres and park crews, due to darkness and steep cliffs in the area, planned to attack it the next morning, Thanksgiving. At the time, no one knew how it started, but there had been a park-wide ban on campfires and grills due to atypically dry conditions caused by a long-running drought.

Hurricane-force winds on November 28 into November 29 blew the fire up into a conflagration that swept through Gatlinburg, trapping many in their homes and destroying or damaging approximately 2,500 structures.

Officials later said the wildfires originated from multiple locations, including an arson fire set at Chimney Tops inside the park, and from downed power line ignitions throughout the county. Fueled by extreme winds and dry weather, the fire storm also injured 190. In all, losses attributed to the fire have been estimated at $500 million.

Fourth Judicial District Attorney General Jimmy Dunn issued a statement explaining the rationale for dropping the charges. It said in part that:

After a comprehensive review of all of the evidence gathered and presented by the Tennessee Bureau of Investigation, Gatlinburg Police Department, Pigeon Forge Police Department, Sevier County Sheriff’s Office, the State, in consultation with other law enforcement agencies and various experts in wildfire progression, has determined that the unprecedented, unexpected, and unforeseeable wind event that started in the early morning hours of November 28,2016, approximately four and a half days after the initial origin of the fire, was the primary reason of the Chimney Tops II fire traveled outside the park into Gatlinburg. But for the winds that reached speeds in excess of 80 miles per hour, it is highly unlikely and improbable that the Chimney Tops II fire would have left the Great Smoky Mountains National Park and reached Gatlinburg.

Because of this intervening weather event, the State is unable to prove the criminal responsibility of two juveniles beyond a reasonable doubt for the devastation that occurred outside the Great Smoky Mountains National Park. In addition to the wind, the State’s cause is further complicated by the fact that there were other fires in the area and other confirmed ignition points in the Gatlinburg area from multiple downed power lines that were felled by the wind. Some of these fires appear to have erupted prior to the fire from the Park breaching the Gatlinburg city limits. Once the investigation confirmed multiple fires with multiple points of origin, it became impossible to prove which fire may have caused the death of an individual or damage to a particular structure. Based upon this evidence, the State’s case was narrowed to prosecuting conduct that occurred wholly within the Great Smoky Mountains National Park.

Whether federal authorities will now charge the two teens for starting the fire inside the park remains to be seen.

An investigative report into the fire and how it was battled is expected to be released in August by the Fire and Aviation Management branch of the National Park Service. Part of that report is expected to address whether fires outside the park were caused by embers blown from the park or from power lines downed by the strong winds.

Comments

There's a lot of chicanery afoot here. First you have this revelation that has everyone looking at former Gov. Don Sundquist, who has been implicated in an illegal land swap deal with his home that abuts the park.  http://www.wbir.com/mobile/article/news/local/competing-documents-compli...

Documents have been altered by some politico for reasons unknown and it allows the teens to go free.  Second, one of the teens is apparently the son of a chief of police in Anderson County TN or something similar. Third, there is quite a bit of scuttlebut that the Gatlinburg fire may have been the result of a backfire lit by the NPS that got out of control.  (I have no proof of the latter statement but plenty of proof of the other two.)

Last, there is good old Superintendent Cash who was a fire control guy in his previous position who has been prolonging the results of the inquiry into the fire.  it was brought up to Sec. Zinke recently in a senate committee.  His response was,  "its overdue".

Then NPS and Cashs are covering their hind ends.  They are going to get sued big time over this one.  I heard a story while in the Smokies last weekend about a FEMA employee who was on vacation in Gatlinburg at the time of the fire.  He called officials when he saw the flames nearing and was told twice to "stay put".  This blaze was a real showcase of NPS not following their own protocols. And they will pay for it dearly in court.  The NPS loved having two teenage scapegoats.  Now there isn't anyone to blame but themselves.


Why choose one conspiracy theory when you can imply support for all of them?


This isn't a conspiracy theory.  It is fact.   http://www.knoxnews.com/story/news/crime/2017/07/01/gatlinburg-deadly-fi...


No, one of the conspiracy theories is the line about a police chief's son being protected. How does that follow when the original agreement is older than either of the teens and the altered copy was filed when they were toddlers? If political forces are protecting a guilty law enforcement family member then how is it the fault of the NPS? You can't have it both ways.

By the way, the FEMA line (unsourced) is also nuts. If a real FEMA official, then they know that they can't just freelance during an emergent incident. Seriously, ICMS training emphasizes this several times.


Cutting thru all the nonsense... the real question should be, "What is Great Smoky Mountains NP legal jursdiction?" My understanding from other sources is that on the NC side it is concurrent and on the TN side, it is is exclusive jurisdiction. If that is the case, then obviously the U.S. Attorney's Office can take on this case.


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