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Barton Gets 12 Years For Hayman Fire

Hayman Firestarter Already Sentenced To 6 Years On Federal Charges

POSTED: 5:37 am MST March 5, 2003
UPDATED: 9:24 pm MST March 5, 2003

Terry Barton, the former U.S. Forest Service worker who admitted starting the largest wildfire in Colorado history, was sentenced to 12 years Wednesday by a Teller County judge.

Video

The sentence would run concurrently with a previous federal sentence of six years.

The prison term against Barton was handed down by District Judge Edward Colt after a full day of testimony from both the prosecution and defense.

"I can't fashion a sentence that makes this situation better," said Colt before he issued his decision.

The judge also said he would make no decision on ordering restitution right now -- but would allow those whose sustained damages in the fire to submit suggestions and a hearing would be held later. Authorities have estimated the damages from the Hayman Fire at nearly $30 million.

The fire, which burned nearly 138,000 acres, destroyed 133 homes and one business.

The court room, in historic Cripple Creek, was packed with people -- many whom had lost property because of the fire. Others came in support of Barton.

Terry Barton

Although she had showed no emotion earlier during the day, Barton began crying when the Forest Service showed videotape of the Hayman Fire. She wiped away tears from her eyes as the video showed trees bursting into flames.

"I am still, to this day, trying to forgive myself because an emotional act of me burning a letter has destroyed everything I have cared and loved for my entire life," said a tearful Barton before she was sentenced. "I deserve to be punished, I admit that, because in my heart I did something that is devastating -- every day it is devesating to me."

A number of people who lost their homes to the fire also testified during the sentencing hearing Wednesday.

  SURVEY
Should Terry Barton have to pay restitution for starting the Hayman fire?

Eight people hit by the wildfire testified and asked for a variety of punishments for Barton -- from community service to paying $25 million in restitution. Wallace White said that Barton should remain behind bars until new trees could replace the 220-year-old ones that were lost on his land.

Carolyn Green, whose family lost a cabin, asked that Barton be banned from Colorado after her sentence.

Barton's supporters, including three former co-workers and a nun, also testified, telling the judge that she could not have started the fire intentionally.

"I feel like this fire would have happened one way or another. It was a tinderbox,'' said Mother Cassiana, acting superior of a monastery at Lake George, where the fire started. She asked the judge to consider Barton's 15- and 18-year-old daughters, who were in the courtroom.

"They've already been sentenced to six years without their mother. If people want restitution on Terry, let her see the burn area because she loves the forest," she said.

Barton, whose job included spotting illegal fires, first told authorities she discovered the blaze while patrolling a forest June 8, 2002. She later said she accidentally started the blaze, despite a fire ban at the time, while burning a letter from her estranged husband.

She pleaded guilty to federal arson charges in December and the state arson charge in January.

During her federal sentencing, Barton tearfully apologized and told a courtroom filled with family, friends and victims, that she hadn't forgiven herself for starting Colorado's largest-ever wildfire.

Residents in the mountain towns that were devastated by the blaze told 7NEWS that they haven't forgiven her either.

The fire cost an estimated $13 million in property damage.

The judge during the federal sentencing, U.S. District Judge Richard Matsch, rejected the federal government's request that Barton be fined $14.7 million in restitution to pay for firefighting and restoration in the Pike National Forest.

He said he didn't want to sentence her to a life of poverty.

U.S. Attorney John Suthers said the government would pursue a civil lawsuit to secure repayment if Barton comes into money in the future, such as by selling the rights to her story for a book or movie or if she wins the lottery.

Discussion

Barton, whose job included spotting illegal fires, first told authorities she smelled smoke and discovered the fire while patrolling the Pike National Forest on June 8. Later she said she started the blaze while burning a letter from her estranged husband in a campfire ring.

State prosecutors argued that Barton was lying when she said she started the fire accidentally. They contended that she started the blaze intentionally.

Barton's state sentence may run concurrent with the federal sentence so at the most, she will spend 12 years in prison.


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