Wednesday, March 3, 1999
Fire sparks first prosecution of burn ban
By ANTHONY WILSON
Staff Writer
A trash fire that ignited seven parched acres in Ovalo Sunday
could also spark the first Taylor County prosecution of a burn
ban violation.
The Taylor County Sheriff's Department will turn over the findings
of its investigation to the district attorney's office this morning,
Sgt. Earl Donnell said Tuesday. If prosecutors agree the case
warrants prosecution, it would mark the first legal test of the
county's burn ban.
County officials unanimously agreed that with the wildfire
danger rising, the ban must be enforced.
"It's long overdue," said Gary Young, head of the
Taylor County Volunteer Firefighters Association. "We've
had several examples of near-misses and flagrant violations. It
doesn't take a smart fellow to figure out that if there is no
penalty, there is no control.
"It's a shame someone has to be made an example of,"
he added, "but they had adequate warning."
Shortly before 2 p.m. Sunday, a volunteer firefighter discovered
someone was burning the already charred remains of a house on
County Road 242 in Ovalo. As he called for other firefighters
to quench the blaze, a wayward spark floated across the road and
torched a neighboring property.
Although six volunteer fire departments responded to the call,
the fire scorched seven acres. Young said the flames also threatened
three structures. One nearby property owner was overcome by smoke
trying to stop the fire from approaching his home and a fuel tank.
Increasingly arid conditions convinced county commissioners
to reinstate a burn ban Feb. 16. Rains have not fallen in Taylor
County in the two weeks since.
The ban prohibits any outdoor burning unless in an enclosure,
such as a trash barrel or a barbecue pit, that contains all the
flames. Violation of the ban is punishable by up to 180 days in
jail and a $1,000 fine.
Controlled bans are allowed if permission is granted by the
Texas Natural Resources Conservation Service or the appropriate
volunteer fire chief.
"We definitely want the burn ban to be enforced,"
County Judge Lee Hamilton said. "Sometimes it's necessary
to follow through with prosecution to adequately deter future
violations."
Although his office has declined to prosecute past cases, believing
the evidence wasn't strong enough, District Attorney James Eidson
agreed.
"These situations pose the possibility of the loss of
a lot of property and even the loss of lives,'' he said. "The
danger is very real."
Young is hoping for a conviction and a punishment "substantial
enough to get people's attention."
But Abilene defense attorney Don Wilson questioned whether
the law is valid.
After studying the commissioners' order, Wilson suspects it
may not adhere to the state law that allows the imposition of
burn bans.
He also questioned whether a county court-at-law judge has
jurisdiction in the case and whether the ban's wording is too
vague, failing to require that a defendant act intentionally or
recklessly.
"Before they put a person in jail, they ought to have
more law than this," Wilson said.
Wilson noted the most up-to-date law books offer no reported
cases of a prosecution, conviction or appeal of a burn ban.
Anthony Wilson can be reached at 676-6734 or wilsona@abinews.com.
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Abilene Reporter-News / Texnews / E.W. Scripps Publications
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