Sentence tossed in wildfire case
Appeals court cites bias, harshness of Colorado judge
DENVER -- An appeals court yesterday threw out a 12-year prison sentence for a former US Forest Service employee who started the biggest wildfire in Colorado history.
The Colorado Court of Appeals said state Judge Edward Colt gave Terry Lynn Barton too harsh a sentence and had at least "the appearance of prejudice" because smoke from the fire had prompted the judge to leave his home for a night.
The court ordered a new sentencing before a new judge for Barton, who admitted starting the June 2002 fire when she burned a letter from her former husband in a drought-stricken area.
"This is a good thing for Terry, a victory for Terry," said Barton's attorney, Sharlene Reynolds.
The attorney general's office said it has not decided whether to appeal.
The ruling does not affect a six-year prison sentence Barton received in federal court after pleading guilty to federal charges for the same fire. She was serving the state and federal sentences at the same time.
Barton also has been ordered to pay $42.2 million in restitution.
The fire blackened 138,000 acres, destroyed 300 buildings, and caused more than $29 million in damage. More than 8,000 people were forced from their homes.
The appeals court said Colt acted improperly when he gave Barton twice the normal maximum prison term after finding "extraordinarily aggravating" circumstances.
The judge had cited the catastrophic results of the fire as well as Barton's knowledge of fires as a Forest Service employee.
The appeals court said such a finding should have been made by a jury, not the judge. Barton had waived her right to a jury trial, but the court said that did not matter.
"Any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proved beyond a reasonable doubt," the appeals court said.
The appeals court also said the judge "injected comments about his personal experience" into his findings during the sentencing.
The judge helped a court clerk evacuate her home and helped serve food to people displaced by the blaze, according to the appeals court.
