Speaking of the Gulch's.. Woman who set Hayman Fire to be released from prison

[JimhatTJ]

http://www.koaa.com/aaaa_featured_stories/x9317328

http://www.koaa.com/content/sites/koaa/terry_barton/0/g0dc000fcd2ddc0076ee2c7cb4efea7d9726b4c29b4497f.jpg (http://www.koaa.com/content/sites/koaa/terry_barton/0/g1f40000ab8eb9d0c96fb4ff7060aa65654a678400b9e70.jpg)


Woman who set Hayman Fire to be released from prison

Bea Karnes
Colorado Springs Published 1 hour(s) ago
The woman who set the worst wildfire in Colorado history is scheduled to be released from prison in June. The Hayman Fire burned 133 homes, 138,000 acres of the Pike National Forest and caused ecological damage that will take centuries to repair.

The sixth anniversary of the Hayman Fire is in June; that's also when Barton will be released from federal prison. She's been ordered to repay the federal government $14.6 million in restitution for firefighting costs. Millions more have been spent on reforestation and other recovery efforts.
The former U.S. Forest Service employee was sentenced to 15 years of probation and
1,500 hours of community service on Thursday by District Judge Thomas Kennedy. The re-sentencing came on state charges after an appeals court overturned a 12 year prison term.

[scottycards]

What a huge failure on the part of our justice system.

[Camp]

I'm sure that after being in prison, paying the state $14.6 million will be no trouble :rolleyes: 99% of America will not make that much money in a lifetime. What a stupid sentence.

[Steve]

What a huge failure on the part of our justice system.

I don't know enough about the case to agree on that. What grounds did the appeals court use to overturn the prison sentence?

[OrangeCrush]

So she served 6 years and paying 14.6 million

I was not here in Colorado at the time so forgive me if this question seems naive but how many people died in the fire?

[Jake_Blues]

So she served 6 years and paying 14.6 million

I was not here in Colorado at the time so forgive me if this question seems naive but how many people died in the fire?

As far as I know, no one died "in" the fire, although some firefighters died in a traffic accident on the way to or from it.

-E

[jeeplvr79]

Just the whole reason the fire started is STUPID... I can't believe she's getting out early... Having my mom and friends directly effected by the fire I hope she burns in hell :mad:

[scottycards]

I don't know enough about the case to agree on that. What grounds did the appeals court use to overturn the prison sentence?

You can't honestly think that someone who burned down over 100 homes should get let go? Family photos, pets, I'm sure you remember the enormity of that fire, and all the resources it took?

Could there be ANY grounds under which this person should ever see the light of day again?

:shrug:

[Steve]

I remember the enormity of the fire. I also know, as do you, that the legal system and punishment is based on laws, not emotions. :shrug:

[LONEWOLF]

Wasn't it set accidentally though? She was burning a love letter or something if I recall.

[scottycards]

I remember the enormity of the fire. I also know, as do you, that the legal system and punishment is based on laws, not emotions. :shrug:

Maybe I need to learn more, but it would seem to me that 133 separate counts of arson, reckless endangerment (for all the firefighters), vandalism of gov't property (burning the forest), blah, blah, blah, would somehow add up to more than 6 years.

At this point, I cannot see this release from prison as anything other than a horrible failure of the justice system. If anyone cares to educate me on how it can be otherwise, I'm all ears........:shrug:

[SuicideTireZJ]

Wasn't it set accidentally though? She was burning a love letter or something if I recall.

From what I remember, she switched her story halfway through the case. I think it ended up being because she was doing it as a cry for help, that got waaay out of control.

[Dave McDonald]

Wasn't it set accidentally though? She was burning a love letter or something if I recall.

During a fire ban.

Besides, that's her claim. The evidence on the scene had circumstantial evidence that she set it on purpose, but not enough to go for more aggressive charges.

[scottycards]

Well, looks like this was the deal all along:
Terry Lynn Barton, 38 (pictured, left), entered the pleas in an agreement which proposes that she spend six years in federal prison. From a December, 2002 Channel 7 article I found.

Holy cats.

The state was going to add 134 counts of 4th degree arson (one business burned as well as the 133 homes), but apparently that didn't happen.

Wow, just wow.

[LONEWOLF]

I am not defending her by no means, I did not follow the whole case. I just think an accidental fire that burned 133 homes and thousands of acres would be viewed slightly different by law than a person who intentionally went in with the idea of destroying homes, land etc.. "Fire Ban or not"

[scottycards]

I hear ya, Lonewolf. But we hold people who get in their cars after drinking and then kill people to a "results, not intent" standard, I wonder why it appears to be different here?

I'm just bummed that she was ever offered this deal, and that the state apparently did not pursue the additional charges. But admittedly, I have not read up much on it, so I need to keep an open mind- maybe this does make sense on some level.....?????

[jx94148]

15 years of probation would not be fun. They hopefully will make her wear the GPS ankle monitor and sweat tester (drug/drink detector) for those 15 years and monitor her every movement during those years.

There needs to be a way to rig the Lotto so she wins but payment gets intercepted before she sees a dime.

[SuicideTireZJ]

So, is the 15 years of probation supposed to take place of the $14.6M? I don't understand how anyone expects her to pay back that much money?

Maybe make her sleep in a tent in Lefthand eating bread and water cleaning up the shooting area and maintaining the trail. That would be worth a couple hundred bucks for a start.

[ToyRunner1]

Wasn't it set accidentally though? She was burning a love letter or something if I recall.Yes, that is supposedly how it started. Nevermind the fact that she was supposed to be actively looking for people using campfires in the middle of a major fire ban :shrug: If I post any more on this subject I think the LEOs might pay me a visit. I spent I don't know how many hours working this fire. I was one of the lucky ones who was only supplying emergency communication near the fire lines. I didn't have to actually fight a fire that was set by a forest ranger...

[PaleBlue90]

What a huge failure on the part of our justice system.

wat a bunch of B.S.

[Loki]

I don't think they expect her to pay back all that money, but it ensures that any extra income she ever has, gets taken away probably for the rest of her life. What kind of life would you have if you had to live that way???

[Steve]

I don't think they expect her to pay back all that money, but it ensures that any extra income she ever has, gets taken away probably for the rest of her life. What kind of life would you have if you had to live that way???

Exactly. She'll have a collections officer assigned for the rest of her life watching over her income and finances. Anything "extra" she makes will be garnished.

[ColoradoXJ]

i don't know of a fitting punishment, but i can tell you that any leniency and re-sentencing is b.s.

she knew better, and failed her responsibility as a ranger, resulting in those homes and lives being affected. period. i don't particularly like our prison system, but for what we've got, i'd say she should spend the rest of her night behind bars, and the rest of her days on a freakin crew re-vegetating that area. :pissed:

[OrangeCrush]

for comparison 9% of all murder cases in Dallas Texas are given probation

[LONEWOLF]

for comparison 9% of all murder cases in Dallas Texas are given probation

The other 91% are executed

[JimhatTJ]

Here is some more info on this.

THE GAZETTE

CRIPPLE CREEK - Terry Barton is likely to be released from federal prison around the sixth anniversary of the worst wildfire in Colorado's history after a judge resentenced her Thursday.

Fourth Judicial District Judge Thomas Kennedy resentenced Barton to 15 years probation and 1,500 hours of community service, bringing an end to years of legal wrangling by prosecutors from the four counties affected by the Hayman fire.

Her 12-year prison sentence on a state arson charge was tossed out by the Colorado Court of Appeals in 2004 because of the way the original judge handled her case.

Barton, 44, is serving the remainder of a six-year sentence on federal charges for starting the 2002 Hayman fire. She's scheduled to be released from that Texas federal prison in June, according to her attorney.

Once she's released, Barton will have seven days to check in with 4th Judicial District probation officials. Her new sentence on the state charge will be retroactive to 2003, meaning she'll be subject to community service and probation check-ins until 2018.

During a severe drought and extreme fire danger in June 2002, Barton, a U.S. Forest Service fire spotter, reported that a fire had started in a campground northwest of Lake George. About a week later, she was arrested after admitting she accidentally started the fire by burning a letter from her estranged husband.

The fire burned 137,000 acres in the Pike National Forest and destroyed 133 homes.

"The results of your conduct will be visible long after everyone in this courtroom is dead, and after their children are dead," Kennedy said Thursday. "That burn and scar on the mountainside will continue."

The maximum sentence Kennedy could have imposed was six years in prison. Because the plea agreement stipulated Barton get credit for state time while serving her federal prison sentence, she would have already completed that state sentence, Kennedy said.

"If I impose a six-year sentence, it will be meaningless," Kennedy said. "Justice requires something more - that you give back to the community you damaged with your actions."

Kennedy ordered Barton to perform at least 100 hours of community service per year, and that service be done in one of the four counties in which the fire raged for weeks.

"It's your opportunity to demonstrate that you're remorseful," Kennedy said.

Before Kennedy imposed the sentence, several people spoke on Barton's behalf, including a woman whose home was consumed by the Hayman fire.

"Terry Barton has more than served her time," said Jamie Johnston of Teller County.

Johnston, who emphasized she was not speaking for everyone who lost property, said: "It's time for us to move on and put this period of our lives behind us."

Barton's attorney, Deputy Public Defender Marcus Henson, told Kennedy that Barton has helped other women in prison focus on health and fitness. She's been productive in prison, becoming a certified personal trainer, he said.

"She's not asking for victims to forgive her," Henson said. "She just wants them to get rid of the anger in their heart and move forward."

Fourth Judicial District Attorney John Newsome, who spoke on behalf of prosecutors from Park, Douglas and Jefferson counties, said they never would have entered the plea agreement if the sentence had been capped at six years.

"Our hands are tied, literally," Newsome said.

Newsome emphasized Barton's "misuse of public trust" and the "catastrophic effect" the fire had on state lands, property and the people who owned it.

"She caused over $30 million in damage," Newsome said. "But more importantly, she burned our trust."

Prosecutors will submit a request for more than $30 million in restitution, Newsome said.

Henson asked Kennedy if Barton's probation could be transferred to California so she could live with her children. But Kennedy refused.

"That would be of no benefit to the state of Colorado," Kennedy said.
TIMELINE

June 8, 2002 - U.S. Forest Service worker Terry Barton of Florissant reports a fire started at a campground northwest of Lake George. It would grow to become the largest wildfire in Colorado's history and was named the Hayman fire after a mining ghost town near Tappan Gulch.
June 16, 2002 - Barton arrested on federal arson charges after admitting to investigators she accidentally started the fire by burning a letter from her estranged husband.
July 18, 2002 - The Hayman fire is declared officially out. It tore through the Pike National Forest, burning 137,000 acres - about 215 square miles - destroying 133 homes, 466 sheds, barns and other out buildings. It's estimated that it will cost $150 million to rehabilitate the charred land.
Dec. 6, 2002 - Barton pleads guilty to two federal charges of starting a fire on federal lands and lying to investigators. The plea agreement calls for six years in prison.
Dec. 11, 2002 - State prosecutors file a fourth-degree arson charge against Barton on behalf of the counties affected by the Hayman fire: Park, Teller, Douglas and Jefferson.
Jan. 6, 2003 - Barton pleads guilty to a state arson charge. The plea agreement calls for 12 years in prison.
Feb. 21, 2003 - U.S. District Judge Richard Matsch sentences Barton to six years in prison on the federal charges, but refuses to impose the $14 million restitution asked for by prosecutors, saying he won't sentence her to a "life of poverty."
March 5, 2003 - 4th Judicial District Judge Edward Colt sentences Barton to 12 years in prison on the state arson charge to be served at the same time as her federal sentence. Prosecutors later submit a $27 million restitution request.
March 24, 2003 - Barton enters a federal prison in north-central Texas.
Dec. 16, 2004 - The Colorado Court of Appeals tosses out Barton's 12-year state sentence for two reasons: Colt should have disqualified himself from the case because he voluntarily evacuated his home during the fire; Colt was not allowed to sentence Barton to more than the normal six-year prison sentence for the arson charge without a jury finding "aggravating factors."
Jan. 14, 2008 - The Colorado Supreme Court rules that prosecutors will not be allowed to withdraw from the plea agreement. The ruling effectively caps Barton's sentence at six years.

[Tom N]

The 2 dumb shmuck schoolkids who set the snaking fire near Bailey while smoking carelessly owe a couple mil too. What a crappy way to start life as an adult. Oh well.

[Willy36]

I personally know one of the people who lost a house in that fire, and after seeing his property afterwards, it would seem much more fitting for her to pay for all the property that was destroyed. There was nothing left of anything on that whole lot, and insurance hardly covered any of the expenses. :thumbsdown: :mad:

[JimhatTJ]

Well i know some folks were going back and forth about where she will be living and performing her community service. Well here ya go.


Prison release stirring strong reaction from Hayman Fire victims

Bea Karnes
Colorado Springs Published 3 minute(s) ago
A sign outside a Manitou Springs house boldly proclaims: "Terry Barton -- you're an idiot." It's a sentiment you might expect from an area devastated by the state's largest and most destructive blaze: the June 2002 Hayman fire. And six years later, Terry Lynn Barton, the woman who started the fire, is as much a polarizing figure as she was then.

Barton, 44, was released from a federal prison in Texas last week after spending almost six years locked up since the blaze she sparked burned 138,000 acres in four counties. Now, she begins 15 years of probation and must pay millions in restitution -- $14 million dollars to the U.S. Forest Service, and what could be more than $25 million for actual losses. She must also perform 1,500 hours of community service in at least one of the four counties scarred by the fire: Teller, Douglas, Park or Jefferson.

Barton's mother, Wanda Haddock, says her daughter will be living in Colorado Springs.

[Snotty]

She could continue to sit in prison and have the tax payers foot the bill. Or she can be released and put on probation, start paying restitution and do community service and give back to the community that she destroyed.

I would rather see her put to work and start paying back. She is also required to live where caused the damage.

What kind of life do you think she is really going have? At least she can give something back this way.

[Swat]

She could continue to sit in prison and have the tax payers foot the bill. Or she can be released and put on probation, start paying restitution and do community service and give back to the community that she destroyed.

I would rather see her put to work and start paying back. She is also required to live where caused the damage.

What kind of life do you think she is really going have? At least she can give something back this way.


She's a waste of oxygen, could have killed hundreds, did herrendous property damage................................BS:thumbsdown:

If she was a he and say Iranian and set it on purpose would she still be alive?

[Steve]

If she was a he and say Iranian and set it on purpose would she still be alive?

Say what??? :confused:

[al24]

I personally know one of the people who lost a house in that fire, and after seeing his property afterwards, it would seem much more fitting for her to pay for all the property that was destroyed. There was nothing left of anything on that whole lot, and insurance hardly covered any of the expenses. :thumbsdown: :mad:

Should of had more insurance.

[Snotty]

She's a waste of oxygen, could have killed hundreds, did herrendous property damage................................BS:thumbsdown:

If she was a he and say Iranian and set it on purpose would she still be alive?

In your opinion, didn't, accident.

So you compare her to terrorists? Last time I checked, they blow up innocent people on purpose. Maybe you should rethink what the point is that you are trying to make.

She serves no purpose to the people she hurt in prison. They only way she can even begin to pay them back and pay for her mistake is this way.

And Pete thinks I don't care about people...

[ToyRunner1]

Bill,
it wasn't an accident. A person who is charged with enforcing the rule that there be absolutely no fires can not accidentally burn down a freaking forest. She should be put out of her misery. She was directly responsible for the death of those firemen as if she'd pulled the trigger on them all. There is no way in hell that she can ever pay the fines, so what is the point of ever letting her see the light of day again? She is a waste of anyone's sympathy :thumbsdown:



And yes, this is just my opinion as someone who helped work the fire and saw the destruction first hand.

[Snotty]

Which is why justice is not driven by emotion.

So we kill arsonists now. Got it...

I would personally rather not pay for her to stay in prison. I would rather she live her life in the area that she caused the damage in, see the faces of the peoples whos lives she ruined and pay for her crime.

I would rather save my blood lust for those that are truely horrific criminals or enemies of this country and have zero regard for life. I guess that is just me though...

[ToyRunner1]

So we kill arsonists now. Got it...No. I honestly don't know if she was charged with anything in regards to the fire fighter's deaths, but in my opinion, she should have been. Again, only my opinion. I respect yours, just don't agree with it. I think the original penalty should not have been overturned, but it wasn't anything I had control over. I believe the judge that overturned it found that the trial judge should have recused himself because he owned property in the area, even though it wasn't damaged. I believe he found that the original judge took into efect something that made the offense meet a higher category, which made it elligible for a higher sentance.