Probe of 4,000-Acre Fire to Be Shifted to District Attorney

Three weeks after identifying two men as the prime suspects in the 4,000-acre Ojai brush fire, arson investigators have made no arrests and decided this week to turn the case over to the district attorney’s office.

Investigators with the Ventura County Fire Department hope that prosecutors can determine if enough evidence has been gathered for an arrest.

Prosecutors may also choose to convene a grand jury, which could compel the two 18-year-old suspects to tell their stories.

So far, investigators have had a difficult time talking to the men because their attorneys have denied interview requests, sources said.

“They have asked for a general interview,” said defense attorney Jay Johnson, who is representing one of the men. “And I have declined to do that. If there is some specific information they want, I’m happy to do that.”

A grand jury, however, would give authorities the power to subpoena the men to testify.

Defense attorney James Farley said that turning the case over to the district attorney’s office for review with no arrests means that investigators don’t have a case.

“Either law enforcement or the Fire Department doesn’t want to make a determination because there is too much doubt,” he said.

From the beginning, authorities have focused their investigation on the two men, one of whom is the son of a Sheriff’s Department official.

According to sources, the men were on Koenigstein Road setting off illegal fireworks that ignited the Dec. 21 fire. The men tried to extinguish the fire, but gusty winds fanned the flames.

At least one of the men ran to a nearby fire station for help, authorities said.

By the time firefighters arrived, the fire was burning out of control, pushed by 80-mph winds into the hills above Ojai. About 1,600 firefighters worked through Christmas to put out the blaze, which eventually destroyed one home and cost $5 million to fight.

On Dec. 28, authorities announced that their investigation was focused on the two men, who could face felony offenses of illegally starting a fire--a charge that carries up to four years in prison if they are convicted. Other enhancements could be added, however, because the blaze consumed forest land and destroyed a home.

If convicted, the suspects could also be forced to pay back the millions of dollars it cost the county to fight the blaze.

But arson investigators have had a difficult time getting enough evidence to make an arrest, hindered in part because the men initially gave statements implicating each other, sources said. Since then, both have hired attorneys, making it tough for investigators to formally interview them, they added.

Sandy Wells, spokeswoman for the Ventura County Fire Department, said it is not unusual for arson cases to be turned over to the district attorney’s office before an arrest has been made.

“It happens fairly often,” she said, “especially in difficult cases that involve a lot of evidence and many witness statements, to turn it over to the district attorney before an arrest to let them determine the strength of the case and determine what laws have been violated.”

Prosecutors declined to say if they will ask the grand jury to investigate the case.

Chief Assistant Dist. Atty. Greg Totten said this is just one of several options for prosecutors.

“Lots of things can happen,” he said. “We can ask for additional investigation, we can do legal research, we can reject it, we can file it. The bottom line is we try to do what is right by the case.”

Farley, however, said he would welcome a grand jury investigation.

“I think it’s a good idea,” he said. “It will give an impartial view of the process. It’s a situation that requires that somebody who is not connected with law enforcement to take a look.”

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Times staff writer Tracy Wilson contributed to this story.