The man faces a number of charges, including aggravated arson.
California law enforcement recently arrested a 51 year old man, Forrest Gordon Clark, on suspicion of setting the Holy Fire. This has fire has caused more than 10,000 acres to be set on fire, and more than 20,000 people to be placed under evacuation orders at Cleveland National Forest in Southern California.
The Holy Fire was started in early August in the Holy Jim Canyon area. More than 600 firefighters have been assigned to fight it, with 2 firefighters already treated for heat-related injuries. To date, only 5 percent of the fire is contained.
Clark, who allegedly sent texts to an acquaintance stating things like, “this place is going to burn just like we planned,” has been charged with suspicion of aggravated arson with the intent to cause injury to another or damage property; arson of an inhabited property; arson of forest; making criminal threats; and resisting arrest.
According to an Orange County criminal defense attorney, under California law, it is a crime to set fire to any building, forest land or property either willfully and maliciously or recklessly. Mr. Clark has been charged with aggravated arson, along with multiple other crimes. It is alleged that he set the fire intentionally (willfully). Willful or malicious arson is always a felony offense under California law. It is punishable by up to six years in state prison, plus a fine of $10,000.
In addition, there is a sentencing enhancement under California law for aggravated arson of one to five years. To prove aggravated arson, the prosecutor must show one of the following:
- He has a prior felony conviction for malicious or reckless arson;
- A firefighter, officer, or other emergency personnel officer suffers great bodily injury (defined as a significant or substantial physical injury) as a result of the fire;
- More than one (1) person suffers great bodily injury as a result of the fire;
- He caused multiple structures to burn; or
- In the commission of the offense, he used a device to accelerate the fire or to delay ignition.
The prosecutor can also introduce evidence that Mr. Clark started the fire with the intent to injure other people or damage an inhabited dwelling or structure, and that he either (1) had a prior arson conviction within the past 10 years; (2) the fire caused losses with a total value of $5,650,000; or (3) damaged 5 or more inhabited structures. If the prosecutor can make this showing, then Mr. Clark can be sentenced to 10 years to life in state prison.
In California, where the threat of wildfires is always present, law enforcement takes arson charges very seriously. The potential consequences of an arson charge are incredibly grave, making it all the more important that anyone charged with arson hire a top notch Orange County criminal defense attorney to defend them.
At the Chambers Law Firm, we are highly skilled at handling all types of criminal cases, from DUIs to arson and beyond. We work with our clients to help put together the best possible defense to the charges. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with an experienced Orange County criminal defense attorney.
