Hunter Expected to Admit Setting Fatal 2003 Wildfire

The West Covina man accused of starting the Cedar fire in 2003 that killed 15 people and burned 300,000 acres is expected to plead guilty today under a plea bargain with federal prosecutors.

Sergio Martinez, 34, was indicted in October on charges of starting the blaze that rampaged through San Diego County for 11 days after he began a signal fire in hopes of being rescued by a fellow hunter.

Under the indictment, Martinez faced a maximum of 10 years in prison and a $500,000 fine.

Assistant U.S. Atty. Michael Lasater, the lead prosecutor, declined to give details of the agreement, saying only that it is a likelihood that Martinez will plead guilty.

Martinez’s lawyers lost a bid Jan. 14 to have the case moved out of San Diego County.

Defense attorney Phillip Higgins said “jurors will be unable to separate their own personal feelings of hatred and antagonism” because of the staggering losses suffered by so many people. The Cedar fire, one of three fires that devastated much of San Diego County two years ago, is considered the most destructive blaze in state history.

On Feb. 4, prosecutors and defense attorneys told U.S. District Judge Roger Benitez that a plea bargain was being discussed. Martinez is set to appear in Benitez’s court in downtown San Diego this morning.

Martinez is charged with setting the fire Oct. 25, 2003, and lying to a federal officer after he was rescued in the backwoods of northern San Diego County.

Despite the deaths, Martinez is not charged with murder or manslaughter. He has remained free on $100,000 bail backed by the title to his parents’ home.

Martinez was deer hunting in Cleveland National Forest when he became separated from his hunting buddy. Without food or water, he became disoriented.

When a Sheriff’s Department helicopter saw him at 5:51 p.m., a small fire was 50 yards to 75 yards away.

Court documents indicate that Martinez at first admitted starting the fire, which was beginning its deadly march, whipped by hot, dry winds. “I’m sorry about all of this,” he allegedly said. “I’m sorry, I had to.”

Later that night, he denied setting the fire. Martinez’s lawyers have said that if the case goes to trial, they plan to seek to have his earlier admissions barred because he was not properly advised of his right to remain silent.

According to court documents recently filed, Martinez feared he was going to die in the forest if he was not rescued. He also worried that deputies would find marijuana in his truck.

A charge of starting an illegal fire in a national forest carries a maximum term of six years in prison. But prosecutors added special allegations of causing 15 deaths, raising the maximum sentence to 10 years.

The fire caused $400 million in property damage and highlighted long-standing inadequacies in fire protection in the county’s unincorporated areas and the city of San Diego.

Fourteen of the victims were residents trying to flee their homes. Firefighter Stephen Rucker of Novato in Northern California was also killed trying to protect the historic town of Julian when he was overcome by smoke and flames.

Except to enter a plea of not guilty, Martinez has never publicly discussed the fire.

Times special correspondent Neal Putnam contributed to this report.