SHASTA COUNTY, Calif. — PG&E, the nation’s largest power monopoly, was back in Shasta County court Monday in its attempt to have criminal manslaughter charges thrown out in connection to the 2020 Zogg Fire.
Earlier this year, a Shasta County Superior Court judge ruled there was probable cause for seven felony and four misdemeanor counts against the power company. Of the seven felony counts, four are for manslaughter in the deaths of Feyla McLeod and her mother Alaina Rowe-McLeod, and neighbors Karin King and Ken Vossen.
Unlike the last time prosecutors charged Pacific Gas and Electric Corporation with criminally negligent killings, the utility’s leaders are trying to fight the charges.
PG&E pleaded not guilty to all 11 charges at a Feb. 15 arraignment hearing before filing a '995 motion,' asking a second judge to overturn the initial ruling and dismiss the charges.
Judge Daniel Flynn said Monday he read written arguments from both sides along with the seven days’ worth of transcripts from the preliminary hearing.
Flynn said he believed there was sufficient evidence to bind PG&E to trial on charges 1-8, which include the manslaughter charges; and that he’s tentatively prepared to toss out charges 9-10, which include two fire-related misdemeanors.
PG&E attorney Jonathan Kravis argued for Flynn to toss out charges 1-8, saying that if PG&E complied with standards then it shows the company was not acting recklessly. Reckless behavior is a component of the involuntary manslaughter charges.
The district attorney said PG&E identified and ignored a major wound that made the tree a threat to strike power lines and start a fire.
A written ruling on the charges is expected before the end of the week.
It's worth nothing Flynn previously ruled against PG&E in a separate attempt to quash this criminal case under a different legal maneuver known as a demurrer.
Both PG&E and the prosecutor have appeals rights whichever way Flynn rules on the 995 motion.
A trial over the charges — barring any delays — is scheduled to begin June 6.
You can find a more in-depth review of the days' proceedings on reporter Brandon Rittiman's Mastadon account HERE.
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