Charges related to the recent Oak Fire were filed against two Archuleta County men on Aug. 27.
The defendants — Ross Edward Heirigs, 60, and Sergio G. Alaniz, 41 — each face three charges of fourth-degree arson.
Each charge alleges that the defendant “feloniously, knowingly, or recklessly started or maintained a fire on any property,” and by doing so placed certain named individuals “in danger of serious bodily injury; in violation of section 18-4-105(1)(2), C.R.S.”
Both defendants appears in front of Archuleta County Court Judge Justin P. Fay on Aug. 27.
The court addressed the charges against Alaniz first, with Alaniz appearing in custody and his bond being discussed.
Both suspects appeared in court for the first time on Aug. 18 after their arrests on Aug. 17, with District Court Judge Jeffrey Wilson setting bond for each at $25,000 cash surety and issuing protection orders for both to not set or maintain outdoor fires.
At the Aug. 27 appearance, Alaniz’s attorney, John Moran, suggested that the area had received enough rain to lessen the danger of any similar incidents occurring.
He also noted that there were originally 169 counts alleged, which is now down to three counts and suggested a reduction in bond.
He further indicated the risk that existed before doesn’t exist any longer.
In discussing the matter, Fay asked Deputy District Attorney Mac Dudley if Alaniz is alleged to have more culpability, with Dudley suggesting that is true and that Alaniz is alleged to have started, acknowledged the existence of and left the property with the fire going.
Fay also suggested the amount of restitution that could come about could form some motivation to not appear in the future, mentioning 737s flying over the town while fire personnel were battling the fire.
Dudley noted the amount of discovery in the case and that he anticipates the restitution will be substantial.
Moran countered by indicating Heirigs would be more culpable as the owner of the property and the one who was there when the fire got out of control.
He further indicated his client really regrets his behavior.
Fay noted the seriousness of the allegations and the potential for restitution to be “astronomical” before setting Alaniz’s bond at $20,000 cash surety.
Alaniz is scheduled to appear for a preliminary hearing demand at 10 a.m. on Sept. 25.
Heirigs appeared out of custody, with it discussed that Heirigs is in the process of applying for a public defender and attorney Christian Hatfield appearing with him.
Heirigs is next set to appear for appearance of counsel and disposition at 2 p.m. on Wednesday, Sept. 3.
More about the Oak Fire
The Archuleta County Sheriff’s Office (ACSO) announced via press release that on Sunday, Aug. 17, at 5:46 p.m., deputies arrested two male suspects in connection with the Oak Fire started by an illegal burn at 152 Oak Drive in Aspen Springs.
The fire began at approximately 1:15 p.m. on Sunday, Aug. 10.
“The burn was in violation of the Second Amended and Restated Ordinance no. 18-2017 for the regulation of open burning in the unincorporated areas of Archuleta County,” an ACSO press release states.
The press release notes both suspects were arrested on multiple accounts of fourth-degree arson.
The press release notes the fire originated from a burn barrel and “quickly spread through the subdivision, spotting approximately a half a mile into a neighboring subdivision.”
It adds that firefighting aerial resources and first responders managed to contain the fire at 75 acres the evening of Aug. 10.
The fire left some evacuated for about 70 hours, with others put under pre-evacuation notice for a portion of the incident.
randi@pagosasun.com
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