Previous District Attorney Russell Wasley initially charged Roger Stratton with a single count of arson in connection with the Oct. 24 blaze that scorched 400 acres. The complaint was amended Tuesday, Nov. 5, to include a total of seven counts of arson.<\/p>\n
\u201cMy predecessor included all of the victims in a single count,\u201d said current District Attorney Will Furse. \u201cThere\u2019s more than one victim.\u201d<\/p>\n
Approved by District Court Judge Todd Plewe, the amended charges mean Stratton could face a 42-year prison sentence if found guilty. He originally faced a six-year term. The case is scheduled for a jury trial starting Dec. 2.<\/p>\n
\u201cI don\u2019t think it\u2019s fair,\u201d said public defender Amy Smith of the amended charges, citing the trial is only weeks away.<\/p>\n
\u201cThe law allows to amend the complaint up until the jury is seated,\u201d Furse countered.<\/p>\n
After approving the amended charges, Plewe set multiple deadlines for prosecutors and defense counsel. A disposition deadline was ordered by Nov. 18 if both sides reach a plea agreement.<\/p>\n
If no plea deal is offered, both lawyers were instructed to provide case statements by Nov. 22. Plewe said the case statements would be included in jury notebooks, which provide jurors with a synopsis of the case. The jury notebooks also contain preliminary instructions for jurors to consider when weighing the evidence.<\/p>\n
Neither Furse nor Smith has ever appeared before Plewe in a jury trial.<\/p>\n
Stratton, 54, of Road P.5 near Dolores, is alleged to have started a fire on his property near Roatcap Hill on Oct. 24, 2012.<\/p>\n
The blaze eventually consumed 400 acres, forcing the evacuation of about 30 nearby residences.<\/p>\n
Gov. John Hickenlooper signed a disaster declaration for the fire. Estimated damages could total up to $250,000, officials said.<\/p>\n
The prosecution\u2019s chief witness in the case, Montezuma County Sheriff\u2019s Office detective Adam Eastman, reported that Stratton denied starting the blaze, claiming it was a \u201cmistake\u201d that he \u201crecklessly, but not knowingly\u201d caused.<\/p>\n