SACRAMENTO, Calif. — Victims of multiple PG&E disasters who have called on a federal judge to extend PG&E’s probation will get a chance to see the company answer for alleged probation violations in court.
With just days remaining in PG&E’s original sentence for federal crimes, U.S. District Judge William Alsup scheduled a pair of hearings for Jan. 3 and 10 to probe new criminal accusations against the company.
The company's federal probation ends on Jan. 26. PG&E’s probation stems from punishment for six federal felonies tied to the 2010 San Bruno gas explosion, which killed eight people, including two children.
The probation officer in charge of the case filed new violations because PG&E was charged with more crimes, accused of sparking the deadly 2020 Zogg Fire and 2019 Kincade fire through felony criminal negligence. The company has publicly disputed that it committed new crimes. The cases are both still pending and have been delayed by PG&E's legal team.
The first rule of PG&E’s federal probation, which PG&E did not object to at the time, stated that “while on probation, PG&E shall not commit another federal, state, or local crime.”
It’s a rule PG&E has already broken.
“If I was on probation and went and committed 85 more felonies, there would be consequences for that,” retired firefighter Steve Bradley said. “Family members, loved ones, my grandma: killed by PG&E, they were victims of PG&E.”
In June 2020, during its fourth year of probation, PG&E pleaded guilty to 84 felony manslaughter counts for killing people by sparking the 2018 Camp Fire, the deadliest wildfire in California history. PG&E also pleaded guilty to one felony for sparking the flames.
Survivors of multiple PG&E disasters dating back as early as 1994 told ABC10 they want Judge Alsup to keep PG&E on probation.
According to federal prosecutors, it's “unclear” whether the judge has the legal authority to revoke PG&E’s probation and restart the five year sentence. Federal law sets the maximum probation at five years.
PG&E’s San Bruno crimes were punishable by up to 30 years in prison, but the company automatically got probation instead because corporate entities cannot go to prison. Alsup has previously said PG&E “deserves to be in prison,” but the only tool he’s been able to use to punish the company’s past violations is to add more terms to PG&E’s probation.
If the judge is unable to also add more time, survivors argue it would undercut the entire point of probation: to rehabilitate the offender.
“Do I feel they're rehabilitated? No. I really feel they've shown little to no remorse,” said Sue Bullis, whose son, husband, and mother-in-law all died in the San Bruno explosion. “It’s just disgusting.”
One of the new alleged violations connected to the 2020 Zogg Fire has PG&E facing four new felony manslaughter charges. Suzie Bewley’s 8-year-old granddaughter Feyla McLeod died in a pickup truck alongside her mother trying to escape the fire.
She’s hoping the judge will keep PG&E under probation supervision for a simple reason.
“No other family should have to go through this,” Bewley said. “We are all empty.”
PG&E's current CEO Patti Poppe has floated the idea that her company shouldn't be considered criminal because it has a safety certificate from the state under Gov. Newsom's AB1054 law.
"I have a hard time understanding how a prudent operator can also be a criminal," Poppe recently told Bloomberg News. "I definitely know my co-workers are not."
Her comments were widely panned by experts who spoke to ABC10.
The safety certificate law, which ABC10 revealed was drafted by private attorneys hired by Gov. Newsom's office at taxpayer expense, deems PG&E to be presumed prudent for the purposes of determining financial liabilities for wildfires, but not for criminal liability.
To rule PG&E's new alleged crimes violated the probation, Judge Alsup does not need to find beyond a reasonable doubt that the company committed the new offenses. Probation violations come with a lower "probable cause" standard.
The judge is also probing PG&E's involvement in the 2021 Dixie Fire, which prosecutors are still investigating for possible criminal charges.
GO DEEPER: This story is part of ABC10's FIRE - POWER - MONEY reporting project. If you have a tip that could reveal more about California's crisis with utilities and wildfires, please contact investigative reporter Brandon Rittiman at brittiman@abc10.com.
Watch more from ABC10:
ABC10’s investigation found California politicians kept taking money from PG&E after the company pleaded guilty to 84 felony manslaughters. Evidence of PG&E’s crimes is beginning to come out and the company faces new criminal investigations for sparking deadly, destructive wildfires.
