2 Ojai Teens Sentenced for 4,300-Acre Fire

The two Ojai teenagers who admitted starting a devastating 4,300-acre brush fire in December were sentenced Thursday to 1,000 hours of community service each with the Fire Department, $150 a month in restitution and five years probation.

Brett Schwermer and Jonathan Barrett, both 18, looked relieved in court when they were spared jail time.

Both declined to comment, but Schwermer, wearing a sport coat and tie, said in court: “I wanted to say I’m terribly sorry for the pain I caused the victims and I’m sorry.”

Jim Farley, Barrett’s attorney, argued for half the assigned community service hours because he believed that the 125 days would preclude his client from working to pay the $150 a month. He also asked that the payment begin after the end of the community service.

Superior Court Judge Steven Hintz rejected the plea, suggesting that the young man get a job in the evening.

“It doesn’t bother me that he won’t have any free time while doing community service,” he said. “This is supposed to be inconvenient.”

Deputy Dist. Atty. Mary Peace agreed with the suggestions of the probation department and supported the judge’s sentence for the pair, who pleaded guilty in June.

“He [Barrett] could have gotten up to a year in jail,” Peace said. “There was an extreme amount of negligence and an extreme amount of damage done. I think 1,000 hours is more than appropriate.”

Schwermer’s attorney, Jay Johnson, said he expected the judge’s decision.

Both teenagers will be on formal probation for five years and are restricted from seeing each other or using any incendiary devices, including lighters or matches.

After five years, a judge may change their criminal charge to a misdemeanor and revoke the $150 a month, Johnson said. The restitution could also be made larger if or when the two make more money, or it could continue at the present amount for 10 more years.

The money will go to a fund administered by the probation department.

Johnson did not know which agencies or property owners were a priority on the list. He said about 20 property owners in Ojai had come forward seeking money. Schwermer and Barrett will not pay money or do community service directly for the homeowners.

The fire burned one home to the ground, and Farley said Barrett visited that homeowner for 45 minutes to apologize. Farley said the man was impressed with Barrett’s courage and believed that his remorse was sincere.

For the past four years, Barrett has volunteered at the Ojai Foundation, helping young people find jobs. His attorney requested that the criminal charge be reduced to a misdemeanor so that Barrett could continue to volunteer there. “He would like to do anything he can to work for the community,” he said.

Both attorneys stressed how sorry the teenagers were for starting the fire in Upper Ojai on Dec. 21.

Barrett is the son of Ventura County Sheriff’s Capt. James Barrett, a 27-year veteran who has served as the chief of police of Ojai for five years.

The teens, both graduates of Nordhoff High School, set off illegal fireworks that accidentally ignited a blaze that powerful winds quickly pushed westward into the hills above Ojai.