SAN DIEGO — It took almost a year for a grand jury to indict West Covina resident Sergio Martinez on charges of starting the massive Cedar Fire on October 25, 2003.
Martinez pleaded not guilty in San Diego federal court on October 7, 2005 to charges of setting a fire on forest land and lying to investigators about how it started.
The novice hunter said he became lost during a deer hunting trip south of Pine Hills near Julian and initially claimed the fire was started by a gunshot ricochet. It was later determined he set the fire on purpose as a signal fire so he could be rescued.
More than 2,200 hundred homes were destroyed and 15 people killed, including a firefighter.
Some homeowners who lost everything were glad to see criminal charges filed.
“It was pretty devastating. These are the issues we have to face. These are the responsibilities that I have to face. He has to face the responsibility of what he did too,” said homeowner David Castle in 2004.
Others who lost their homes expressed sympathy for Martinez.
“It was, I'm sure, purely an accident. He didn't mean for that, and how badly he feels. We have no hostility or anger towards him at all,” said Scripps Ranch homeowner Marsha Linehan in 2004.
Local politicians also weighed in.
“This will send a strong message that if you commit the intentional act of setting a fire and you lie to the officials about it, that you are going to suffer the consequences. You are going to be held accountable for your actions,” said County Supervisor Dianne Jacob in 2004.
“Well it's hard to send a message to stupid people. So that's always going to be a problem. And in this case do I think that other idiots will get the message? I can't say that for sure. But I do think this person committed a stupid act and it's a crime and he needs to pay for his actions,” said San Diego City Councilman Brian Maienschein in 2004.
In March 2005, Martinez reached a plea deal with prosecutors, pleading guilty to one felony charge of starting the fire. He was still facing up to five years in prison and spoke publicly for the first time outside federal court.
“I'm just real nervous and I have faith in God that everything's going to work out okay. And I'm not this negative person I've been portrayed as in the media at all,” Martinez said at the time.
During his sentencing hearing, Martinez spoke for more than an hour in court, apologizing to the fire victims, and telling Judge Roger Benitez he ran out of water on the hunting trip and fell down and lost his prescription glasses. Afraid he was going to die in the wilderness, Martinez said he set a signal fire, which got out of control.
“There's not a day that I don't pray for the victims, their souls, you know? People who lost their property, I wish there was something I could do to help them. I wish I could meet with everyone on a one-on-one basis so they could see what kind of a person I am,” Martinez told reporters outside court.
Judge Benitez said hunters are taught to light signal fires if they get lost in the wilderness and there was no criminal intent on Martinez’s part. He sentenced Martinez to six months in a work release program, five years of probation, and 40 days of community service.
Martinez successfully completed his probation. CBS 8 recently reached out to his Martinez’s attorney, who is also his cousin, but we did not get a response.
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