Barton Begins Serving Federal Sentence Monday

Posted: 03/24/2003
Last Updated: 3716 days ago

Terry Barton, the fired Forest Service worker sentenced for starting Colorado's largest wildfire, begins serving her federal sentence Monday.

Meanwhile, the state judge who gave Barton (pictured, left) the maximum sentence for starting Colorado's largest wildfire was not biased and should not be removed from the case, a prosecutor said.

In a motion filed Friday, District Attorney Jeanne Smith said Judge Edward Colt had no personal bias against Barton and shouldn't be removed from the case.

Smith wrote that "there is no indication that Judge Colt was a victim of the fire any more than thousands of other people in Colorado who saw the smoke and became concerned."

Colt this month sentenced Terry Barton to 12 years behind bars for starting the 138,000-acre Hayman Fire last summer. Before reading the sentence, he told the courtroom he left home and spent one night in Colorado Springs after seeing heavy smoke from the fire.

Barton's lawyer, Sharlene Reynolds, later filed a motion saying Colt might have had a conflict of interest in sentencing Barton because he was personally affected by the fire. She asked that Colt withdraw from the case and that the 12-year sentence be vacated.

If Colt withdraws, the case would be assigned to another judge who would determine Barton's sentence.

Colt also said he spent an evening helping distribute food to people who had been evacuated by the fire. Colt also helped his court clerk pack for evacuation.

Smith said none of these actions indicated that the judge had a financial or personal interest in the case, and that there was no allegation that Colt expressed any personal opinion about Barton.

Several members of Colt's staff missed work because of circumstances indirectly related to the fire, but Smith said that did not translate into bias that resulted in unfair treatment of Barton.

Barton was sentenced to six years in prison on federal charges, and she pleaded guilty to a state arson charge.

Colt has yet to decide how much Barton must pay in restitution.

Barton turned herself in to the Carswell Women's Prison in Fort Worth, Texas Monday to begin serving her federal sentence.

The Hayman Fire destroyed 133 homes, a commercial building and 466 outbuildings. Prosecutors said it caused at least $29.9 million in damage.

Previous Stories: