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50 cents WEDNESDAY, APRIL 11, 2012 • W W W. R U I D O S O F R E E P R E S S . CO M • VOL. 4, NO. 15.1
A property of
BREAKING NEWS
Charges filed in White Fire By Eugene Heathman Editor eugene@ruidosofreepress.com Following the April 3 anniversary of the White Fire, charges have been filed against at least one juvenile. The fire originated on U.S. Forest Service land just east of the White property in Gavilan Canyon and quickly spread, fueled by dry conditions and 60 miles per hour winds, scorched more than 10,000 acres on public and private land, destroyed 5 homes and several structures. Until now, the legal entities involved in the investigation have been quiet but on Tuesday, according to Ruidoso resident and mother of one of the juveniles charged, Melinda Garcia, her son Konor Mantia, now 13, was formally advised of his rights regarding the charge of felony negligent arson by The U.S. Forest Service with 12th Judicial District Attorney Diana Martwick. The District Attorney’s office, located in Alamogordo serving Lincoln and Otero counties, must now decide whether or not to prosecute the case. According to Garcia, the complaint from the Forest Service presented to her states the fire was deemed to be human caused by the illegal use of fireworks and allege that her son’s DNA was recovered from a matchbook found at the scene.
Frustration with authorities
Garcia was advised of the pending charges early last week but officials would not specify the exact nature of the charges or whether her son, now living in Georgia with his father, would be arrested and extradited back to Lincoln County. “We have been unable to get anything from officials in the form of paperwork or copies of statements made by my son when he was interrogated by the U.S. Forest Service Fire Marshall. My calls have been unanswered for all this time, and now this,” Garcia told the Ruidoso Free Press in an exclusive interview. At the time of the incident, Mantia was on juvenile probation for petty vandalism of an abandoned school bus in Ruidoso Downs. Mantia had broken a window in the still-abandoned bus and agreed to pay $500 in restitution and agreeing to not commit any other offenses. Garcia claims her son paid the fine and was following the terms of his probation. “Other than the incident with the broken window, my son is not a trouble maker,” Garcia said.
Proclamation of innocence
Garcia strongly defends the innocence of her son and claims the charges are just one more way in a year of turmoil and secrecy to intimidate someone into responsibility. According to Garcia, authorities were impatient with her son, whose
Eugene Heathman/Ruidoso Free Press
Flames erupted hundreds of feet into the air on a ridge just north of the Ruidoso Downs Race Track April 3, 2011 as the White Fire burned more than 6,000 acres and claimed at least five houses and numerous other structures. account regarding the start of the fire during several interrogations in the days following the blaze remains unchanged. According to Garcia, her son claims he and a friend were pushing a bicycle up the driveway of the White property as they were on their way into the forest to search for antler sheds in hopes of earning some extra money. He and his friend became separated for a period of approximately five minutes. Shortly thereafter, the friend allegedly ran back to her son yelling there was a fire and to call 911. Following the 911 call, Garcia says her son and the friend remained on the scene and assisted emergency personnel responding to the fire with guidance on where trails were in order to get to the fire and were cooperative with authorities in the days thereafter. “My son strongly contends to this day that he did not see how the fire started or who started it,” Garcia said.
The charges filed
The charge of negligent felony arson enacted by the legislature of the State of New Mexico SECTION 1. Section 30-17-5 NMSA 1978 (being Laws 1970, Chapter 39, Section
1, as amended) is amended to read: “30-17-5. ARSON AND NEGLIGENT ARSON.-A. Arson consists of a person maliciously or willfully starting a fire or causing an explosion with the purpose of destroying or damaging: (1) a building, occupied structure or property of another person; (2) a bridge, utility line, fence or sign; or (3) any property, whether the person’s own property or the property of another person, to collect insurance for the loss. B. Whoever commits arson to property other than an occupied structure and there is no resulting damage or when the damage is two hundred fifty dollars ($250) or less is guilty of a petty misdemeanor. C. Whoever commits arson to property other than an occupied structure when the damage is over two hundred fifty dollars ($250) but not more than five hundred dollars ($500) is guilty of a misdemeanor. D. Whoever commits arson to property other than an occupied structure when the damage is over five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony. E. Whoever commits arson
to an occupied structure when there is no resulting damage or when the damage is two thousand five hundred dollars ($2,500) or less is guilty of a fourth degree felony. [E.] F. Whoever commits arson when the damage is over two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) is guilty of a third degree felony. [F.] G. Whoever commits arson when the damage is over twenty thousand dollars ($20,000) is guilty of a second degree felony. [G.] H. Negligent arson
consists of a person recklessly starting a fire or causing an explosion, whether on the person’s property or the property of another person, and thereby directly: (1) causing the death or bodily injury of another person; or (2) damaging or destroying a building or occupied structure of another person. [H.] I. Whoever commits negligent arson is guilty of a fourth degree felony. [I.] J. As used in this section, “occupied structure” includes a boat, trailer, car, airplane, structure or place adapted for the transportation or storage of property, for overnight accommodations of persons or for carrying on a business therein, whether or not a person is actually present.”
Looking back The day of the White Fire
April 3, 2011: The White Fire, raging through parts of Ruidoso Downs, has claimed five homes as of 9 p.m. Sunday. Local, county and fire officials are allowing some evacuees in the Gavilan Canyon area to return to their homes, it was announced at a press conference held in the Ruidoso High School gymnasium. Officials said some 1,500 acres were blackened, and is “zero percent contained” as of 9 p.m. Ruidoso schools have been cancelled Monday, and another public information meeting has Cont., pg A-2