On the fire line
The U.S. Forest Service considers changing its firefighting protocol in the wake of sentencing over handling of the Thirtymile Fire, which claimed the lives of four firefighters.
The U.S. Forest Service (USFS) says it will change its fire-fighting strategies yet again in an effort to reduce the risk of wildland fire deaths. This in the aftermath of a criminal case that ended August 20 in U.S. Federal Court in Spokane with the sentencing of Ellreese Daniels, the first Forest Service crew boss ever to face criminal charges for his actions on a fire line. Daniels was the Forest Service's Incident Commander at the disastrous fire in North Central Washington in 2001, when four young firefighters were killed in what was called the Thirtymile Fire, on the Chewuch River north of Winthrop. He will serve 90 days on work-release time and three years of probation, but no jail time.
According to the Yakima Herald, changes are under way within the Forest Service that would give firefighters on the scene more flexibility in deciding whether to continue attacking a fire. The new approach is said to be modeled on principles of military leadership, emphasizing "doctrine" over rules. The Herald says firefighters will be encouraged to think "dynamically" about their situations, which would seem to mean they're to consider minute by minute their likelihood of getting killed, and act accordingly without orders from superiors.
As late as last spring, Daniels faced charges of involuntary manslaughter and several counts of lying to federal investigators, with a possible 24 years in prison. Assistant U.S. Attorney Tom Hopkins of Spokane agreed in May to drop the felony counts in return for Daniels pleading guilty to misdemeanor charges of making false statements to federal agents. In sentencing Daniels, District Court Judge Fred Van Sickle said he was troubled by the defendant's false statements but did not believe Daniels responsible for the four deaths. Prosecutors had earlier said Daniels failed to direct his crew into a safe area, believing that the fire would burn past them and on up the canyon. Instead it jumped the river, trapping 14 firefighters and two civilians.
The four victims — Karen Fitzpatrick, 18; Jessica Johnson, 19; Devin Weaver, 21; all of Yakima, and Tom Craven of Ellensburg — died in their fire-resistant survival tents on a stony slope a few yards from safer ground along the highway and the river. Daniels insisted that he had ordered them to leave the slope and deploy their tents in a safer area. Federal investigators claimed he did not.
After a disastrous 1994 wild fire season when 34 firefighters were killed nationwide, the USFS announced changes in its fire policy. Firefighter safety was to take priority over the protection of property (it had taken 86 years to reach that seemingly obvious conclusion.) That policy was in force when the Thirtymile Fire exploded, yet the doomed firefighters were sent to the fire line to fight a blaze from which they had been pulled back because of the danger.
A terrifying, hour-by-hour account of the Chewuch Canyon death trap is at the heart of a book by John N. MacLean, The Thirtymile Fire: a Chronicle of Bravery and Betrayal, published in 2007. It offers heartbreaking profiles of the four young people who died, and an indictment of the confusing state of command during the events of July 10. MacLean worked from the journal of a firefighter who barely survived, and from government transcripts, tapes of radio transmissions, and interviews with survivors, to provide painfully vivid accounts of the deaths and scorching assessments of the government's own investigations.
Whatever Daniels's limitations as crew boss, his actions coincided with failures at various levels of the Forest Service command structure. Early in the day, crews were on the scene to douse the beginning spot fires with water from the Chewuch River, but their mechanical pumps would run only intermittently. When they finally got the pumps going, their hoses burst. Meanwhile a water-dipping helicopter sat for hours on its pad, twenty minutes away, while the pilot waited to be ordered to the scene. (The Chewuch is home to some trout species of concern, and the Forest Service was reluctant to dip from it without an OK from the Washington State Department of Fish and Wildlife. By the time permission was granted and the helicopter took off, the fire was raging up the canyon, far beyond any effect the water drops might have).
A federal report on the Thirtymile Fire says every one of the Forest Service's Ten Standard Firefighting Orders, the so-called "ten commandments" of fire fighting established in 1957, was broken that day on the Chewuch. Among them, such common sense rules as making certain everyone knows a safe escape route. No one told the Thirtymile Fire crews until it was too late that they were on a dead end road with no way out. The chain of command was unclear, and communication with superiors was hit-and-miss throughout the day. No one sent current weather reports that would have warned those in the canyon of the dreadful danger they were in — again, one of the agency's basic firefighting rules for decades.
The Daniels case has shaken the wildfire community like no other incident, according to firefighters posting their thoughts on a Wildland Fire Web site maintained as a sounding board for firefighters all around the country. The comments, from employees of USFS and state fire agencies as well as independent contractors, are thoughtful and emotional, and offer an important insight into the intensity of feelings among those whose lives are at risk daily in the fire season. Overwhelmingly, they seem to believe Daniels should never have been charged. Many insist that the arrest and sentencing — even on the radically reduced charges — will cause experienced firefighters to leave the profession, thus exposing inexperienced crews to even greater danger. The International Association of Wildland Firefighters surveyed more than 3,000 of its members and found that 36 percent said they would make themselves less available for fighting fires, as a result of the charges against Daniels.
Forest Service policy makers will feel relief that the Daniels case had ended with no courtroom replay of one of the worst days in the Service's history. They most likely will follow through in reworking their practical firefighting doctrine. Still, any basic decision to risk lives will respond to the 103-year-old agency's institutional instincts: We fight fires, therefore we are.
In the past few decades, the agency's function as expediter of timber sales and manager of recreational trails and campsites has diminished. USFS has become, as 6th District Congressman Norm Dicks puts it, "the United States Fire Service." Nearly half its budget now goes to suppress fires, including those — as in the Chewuch Canyon — where there was nothing to protect. No buildings, no timber worth saving, nothing to motivate the risk of human life except the human instinct to put out fires.
Like what you just read? Support high quality local journalism. Become a member of Crosscut today!










Twitter
Facebook
RSS Feeds
Comments:
Posted Tue, Aug 26, 6:42 a.m. Inappropriate
This is no secret in the wildland fire community.
This association is conducting our own investigation as to what is wrong,and we have concluded that top level management needs to be replaced!
It is our opinion that we have certain people making decisions about something they know nothing about! Wildland fire is a ver complex science and needs experienced professionals making the decisions and planning to operate the Fire and Aviation section of the US Forest service...Contracting does have it's place in wildland fire,but it is not the entire answer! The US Forest Service has some highly trained wildland firefighters in their employ now that they need to pay better and give them better training.
Fire and Aviation is very under staffed and needs to be built to a viable firefighting force...The US Forest Service has been in a constant state of denial for sometime now on how much money they need to combat wildfires,they are working on a 5 year average and cannot seem to understand that resources cost alot more now than they did 5 years ago...This is a no brainer.
And as always they have the cover your ass mentality when something goes wrong...We highly question the US Forest Services version of what went on with the crew bosses statements of the Thirty mile fire!!
The US Forest Service used to be a highly respected agency..that is dwindling fast...Crews cannot get the required supplies to do the job they were sent to do....Crews time out after 14 days and go on 48 hrs off are sent back to their home bases,just to be called back to the same state they left a few days prior..this is a vast waste of resources...There is not enough space here to even touch the surface!..There are other wildland fire associations that are concerned about these issues as we are!..Our main concern is the Widland Firefighter on the ground and in the air and their families!!..Something needs to be done before the US Forest Service loses a majority of their trained Firefighters!...Congressmen and Senators need to be educated in how wildland fire works and where and how it needs to be fought!
MJ Presnell
Presidnet and CEO
United States Widland Firefighters Association
Posted Tue, Aug 26, 11:03 p.m. Inappropriate
As mentioned in the article the Daniels prosecution will deter many and perhaps the best from taking leadership responsibilities. It may also lead to poor decisions, and perhaps ultimately result in more harm to firefighters and the public than would otherwise have been the case.
Worst of all is that it will inhibit reporting of near miss incidents, and by doing so will prevent corrective action or learning from mistakes.
If someone were to investigate the decision to prosecute Daniels it might make an intriguing story. This may be a case of inland empire political ambition taking preference over justice and overall good.
That Daniels was not tried or found guilty of the original charges against him is significant. Who can say if his mis-statements really rose to the level of a crime or if actually innocent and faced with the full power of a federal prosecutor he chose a guilty plea over risk of a mistaken verdict and a potentially heavier sentence.
The responsibility for the mistaken decisions on the Thirty-Mile fire may reside more with others who failed to provide suport and thrust him into a position for which he was ill trained and perhaps ill suited than with Daniels.
It is also fair to ask if there is a racial dimension to this story. If Daniels had been a white man would he have been prosecuted?
One has to feel considerable sympathy for the families of the fallen and regardless of prosecution many lessons should be learned from the Thirty-mile fire.
Those who read about or study the Thirty-mile fire or other disasters from afar often have a sense of hubris that doesn't appreciate how lack of information, lack of time, other pressures, and unpredictible factors complicate real time decisions and makes holding those who make them to unrealistic legal standards unjust.
Although wildland fire fighting can be dangerous, most fire fighters will go unharmed. Stringent safety practices will and should reduce risk. However there will always be some element of luck, where being in the wrong place at the wrong time will put fate in the hands of the gods.
=T. Kelly=
Login or register to add your voice to the conversation.