PG&E may face Camp Fire criminal charges, prosecutor says

Pacific Gas & Electric Co. could face criminal charges of manslaughter and reckless arson over the role it is believed to have played in starting California's deadliest and most destructive wildfire, a prosecutor said Friday.

Butte County District Attorney Michael L. Ramsey said if there is sufficient evidence, PG&E could face 85 counts of manslaughter and 1,400 counts of reckless arson of wildland and structures.

"Of course, all of this remains to be seen," Ramsey said. "Our burden to prove gross criminal negligence is much heavier to prove than in [civil cases]."

PG&E declined to respond specifically to Ramsey's comments. A spokesperson for the utility noted it is fully cooperating with all ongoing investigations

Investigations into PG&E have been ongoing since November, soon after the Camp Fire began. Last week, the California Department of Forestry and Fire Protection released findings that PG&E infrastructure was the cause of the blaze that resulted in 85 fatalities and 153,000 scorched acres.

Cal Fire's investigation report has not been publicly released, but Ramsey has a copy.

It likely will be many weeks, or months, before the DA will make a decision on charging PG&E, he said.

PG&E already faces a slew of lawsuits in connection to the Camp Fire. But that litigation was stayed in San Francisco County Superior Court after the utility filed for bankruptcy.

Mike Danko of Danko Meredith represents plaintiffs in the civil litigation. He said he believes Cal Fire didn't release its report publicly because it has compelling evidence of criminal behavior.

"It's unusual to not make [the report] public," said Danko. "When there's no violation found by Cal Fire, they then release the full report. What we have here is something we expect the DA would prosecute."

Typically, reports are only forwarded to state prosecutors if investigators believe the subject of the probe violated utility regulations, according to Mike Mohler, deputy director at Cal Fire.

While it's standard for Cal Fire to forward reports to prosecutors for wildfires, "this case was a bit different because Cal Fire basically had a preliminary opinion that they shared with us from the start," Ramsey said.

Ramsey considered charging PG&E in connection with three fires in 2017 but only pursued charges for the Honey Fire, which charred only 150 acres. In lieu of a criminal complaint, PG&E agreed to pay $1.5 million in fire prevention funding of the prosecution's choice.

Frank Pitre, of Cotchett Pitre & McCarthy LLP who represents plaintiffs in the civil litigation, said the casualties from the blaze should increase pressure on prosecutors to charge the utility.

"You can't call this 'routine' by any stretch of the imagination," he said, adding the majority of reports issued in the North Bay fires that were referred to the district attorney all found code violations.