Charges have been dropped against one of the two men accused of starting the destructive Caldor Fire in 2021.
On April 22nd, the El Dorado County Superior Court dropped all charges against the younger of two defendants, Travis Smith.
Weapons charges are still pending against his father David Smith.
We reached out to the court to ask why the charges were dropped against the younger Smith but have not heard back.
As we reported, they had been been accused of starting the Caldor Fire but in December a judge ruled there was not enough proof to charges them with reckless burning.     Â
The fire burned more than 221,000 acres, destroyed more than 1,000 buildings and injured 21 people.
JANUARY 8, 2024:
The two men accused of starting the Caldor Fire in 2021 will not face charges for starting the blaze.
On December 29th El Dorado County Superior Court Judge Vicki Ashworth found there wasn't enough evidence against Travis Shane Smith and David Smith to meet the legal requirements for reckless burning charges, according to a release from the El Dorado County District Attorney's OfficeÂ
The law requires a person knows their actions present a substantial and unjustifiable risk, but that they consciously disregard that risk. The court found their behavior did not meet the legal demands for recklessness.
In their release, the District Attorney's Office says they submitted evidence that showed Travis Shane Smith and David Smith drove to the location where the Caldor Fire started and were shooting guns in the area. The U.S. Forest Service determined a bullet strike to be the likely cause of the fire.
While the reckless burning charges will not move forward, both of the Smiths are facing weapons charges.
Travis Shane Smith is charged with possession of a machine gun and David Smith is charged with possession of silencers.
Arraignment on the machine gun and silencer charges is set for Friday, February 2nd.
The Caldor Fire burned more than 221,000 acres in 2021. It destroyed more than 1,000 buildings and injured 21 people.
