Politics & Government

Sonoma County Files Criminal Charges Against PG&E In Kincade Fire

A complaint filed in Sonoma County Superior Court charges PG&E with five felonies and 28 misdemeanors in connection with the 2019 wildfire.

Cal Fire hand crews prepare to battle the Kincade Fire, Oct. 25, 2019, in Sonoma County.
Cal Fire hand crews prepare to battle the Kincade Fire, Oct. 25, 2019, in Sonoma County. (Al Francis/Napasonomaphotos.com)

SONOMA COUNTY, CA — Criminal charges were initiated Tuesday against Pacific Gas and Electric Company for its suspected role in connection with the 2019 Kincade Fire, Sonoma County District Attorney Jill Ravitch announced.

The criminal proceedings were filed in Sonoma County Superior Court following a thorough investigation, Ravitch's office said. The criminal complaint accuses PG&E of recklessly causing the wildfire that started the night of Oct. 23, 2019, at the Geysers Geothermal Field northeast of Geyserville.

Specifically, the complaint charges PG&E with five felonies and 28 misdemeanors, including unlawfully causing a fire that resulted in great bodily injury, unlawfully causing a fire that resulted in the burning of inhabited structures, and unlawfully causing a fire that resulted in the burning of forest land, as well as various air pollution crimes, the DA's office said.

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The Kincade Fire burns Oct. 27, 2019, along Alexander Valley Road in Sonoma County wine country. (Photo by Al Francis/Napasonomaphotos.com)

"I went with others from my team, along with CalFire, to the location in the Geysers where we believe the fire began as soon as it was safe to do so," Ravitch said Tuesday in a news release. "Since that time, we have been working with CalFire and independent experts to determine the cause of and responsibility for the Kincade fire. I believe this criminal complaint reflects our findings."

PG&E has received a notice to appear in Sonoma County Superior Court at 1:30 p.m. April 20.

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According to the DA's Office:

"Beginning immediately after it was safe to do so, the California Department of Forestry and Fire Protection ("Cal Fire") began an extensive investigation of the cause and origin of the fire, ultimately concluding that it was caused by a jumper cable on a PG&E transmission tower located at the Geysers that broke in high winds, fell, and arced against the tower. The arc caused molten material to fall into vegetation and ignite below the tower. The subsequent fire was not fully contained for 15 days, burned approximately 78,000 acres, and destroyed 374 structures, including 174 homes. Six firefighters suffered serious injuries while fighting the blaze. The Kincade fire resulted in the largest evacuation in the history of Sonoma County, including the entire towns of Healdsburg, Windsor and Geyserville.
"Additionally, the Kincade fire caused substantial emissions of air contaminates throughout the county, threatening the health and safety of residents and their property. Exposure to wildfire smoke has the potential to cause serious health conditions, including increased risk of stroke, and serious respiratory conditions, such as worsening asthma in children.
"Cal Fire concluded its investigation and referred the matter to the District Attorney on July 16, 2020. Thereafter, the District Attorney's Office conducted significant additional investigation, that included interviewing dozens of witnesses, issuing search warrants, and obtaining hundreds of thousands of pages of documents for review. The office further consulted with numerous law enforcement agencies, regulatory agencies and independent experts."

Ravitch said residents who suffered injury, illness, or damaged property in the Kincade Fire are encouraged to call the Sonoma County District Attorney's Office at 707-565-5317 or send an email to ECLD@sonoma-county.org.

PG&E Reports Broken Equipment To CPUC

On Oct. 24, 2019, the morning after the Kincade Fire started, PG&E filed a report with the California Public Utilities Commission stating that at 9:20 p.m. the night before, broken PG&E equipment was found on a transmission tower near Kincade Road and Burned Mountain Road.

According to PG&E's report to the CPUC, a PG&E troubleman was patrolling the line at 7:30 a.m. Thursday, Oct. 24, 2019, when he discovered Cal Fire had taped off the base of the transmission tower. Cal Fire personnel showed the troubleman what appeared to be a broken jumper on the tower, PG&E told the CPUC.

PG&E officials said they did not de-energize the transmission lines in that area but did de-energize distribution lines, which are the smaller lines that connect to homes and businesses, according to the CPUC report.

PG&E Disputes Criminal Charges In Kincade Fire, Works To 'Make It Safe Again In California'

PG&E issued the following statement Tuesday disputing the charges.

"We are saddened by the property losses and personal impacts sustained by our customers and communities in Sonoma County and surrounding areas as a result of the October 2019 Kincade Fire, and recognize the courageous efforts and sacrifices of the first responders who worked to contain the fire and those who were injured.
"We are grateful that there was no loss of life.
"In the spirit of working to do what’s right for the victims, we will accept CAL FIRE’s finding that a PG&E transmission line caused the fire, even though we have not had access to the agency’s report or the evidence it gathered.
"However, we do not believe there was any crime here. We remain committed to making it right for all those impacted and working to further reduce wildfire risk on our system."

PG&E CEO Patti Poppe also issued a statement Tuesday:

"I came to PG&E in January to ensure that we care for all those who were harmed, and that we make it safe again in California," Poppe said. "We will work around the clock until that is true for all people we are privileged to serve."

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