Fire-starter receives 15 years' probation

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BY THE ASSOCIATED PRESS
March 27, 2008

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DENVER - A former U.S. Forest Service employee who started Colorado's largest-ever wildfire has been ordered to 15 years of probation and 1,500 hours of community service after being resentenced on state charges.

District Judge Thomas Kennedy resentenced Terry Barton Thursday. Her original state sentence of 12 years in prison was thrown out by the Colorado Appeals Court in 2004, which noted the trial judge had at least "the appearance of prejudice" because smoke from the fire forced him to evacuate one night.

The court also said that the maximum sentence without a jury finding aggravating circumstances was six years, the same as her federal sentence. The two sentences were to be served concurrently, which means when Barton is released from federal prison in Texas on June 2, she won't have to serve any more prison time.

Lin Billings, a prosecutor with the 4th Judicial District in El Paso County, said Kennedy imposed the maximum additional penalties he could.

Barton pleaded guilty to felony arson for the 2002 Hayman wildfire that scorched 138,000 acres in the Pike National Forest, destroyed 133 homes and 466 outbuildings and forced more than 8,000 people to leave their homes. She said she accidentally started the fire by burning a letter in a campground.

The fire was fueled by forests left tinder-dry by a severe drought.

Barton was ordered to reimburse the federal government $14.6 million but doesn't have to start paying until state restitution is resolved.

Billings said the district attorney's office has 90 days to file a request for state restitution.

The district attorney unsuccessfully tried to void the plea agreement with Barton