The U.S. Attorney is filing to dismiss federal charges against a California man, accused of setting the devastating Rim Fire in 2013. The reason for the filing, key witnesses have recently died.
The indictment alleged Keith Matthew Emerald caused the fire, which burned about 250,000 acres, or 400 square miles, of land west of Yosemite National Park. The charges stated he set timber on fire, then lied to a government agent.
It took two months to extinguish the Rim Fire, and cost more than $125 million.
In the motion filed Friday, the government says two witnesses have died since the indictment was filed in August 2014. One of them was identified as "critical to the case" and was planning on providing testimony about discussions he had with Emerald after being rescued from the vicinity of the origin of the fire. This witness died in a workplace accident in February, according to the U.S. Attorney.
The second witness was the helicopter pilot who responded to the Rim Fire, and rescued Emerald from near the fire's origin. The pilot died in March of cardiac arrest.
The witnesses' prior statements to investigators are inadmissible, according to the U.S. Attorney, and cannot be used as evidence at trial.
The government's motion states they believe without the testimony, it is unlikely they can prove the charges against Emerald beyond a reasonable doubt to a trial jury.
