District Court Judge Todd Plewe rejected a second plea bargain Tuesday for a man charged with starting a wildfire south of Dolores last fall.
Roger “Bucky” Stratton, 54, faces a charge of fourth degree arson, a class four felony, for neglecting burning embers on his property that started a 400-acre fire October 24.
District Attorney Will Furse presented the plea bargain, stating that he wanted to guarantee citizens and victims that full restitution would be paid.
“I don’t want this community to think that Mr. Stratton will suddenly be relieved of his liability,” Furse said. “In my opinion, the community needs to be made whole financially in this case.”
The plea bargain called for a deferred judgment and sentencing for a period of four-and-a-half years. Plewe said he was concerned, because under current case law any unpaid civil restitution would be vacated once the terms of the deferred judgment expired. With a recorded conviction, the financial judgment can’t be discharged after the four-and-a-half year period, said Plewe.
“I have had a couple of victims, which is highly unusual, already file their claims directly to the case,” said Judge Plewe.
More than a dozen victims will ultimately seek financial restitution, totally at least $100,000 and possibly up to $250,000, Judge Plewe said.
“My concerns have not been addressed,” Plewe said. “I’m rejecting the deferred plea.”
In rejecting the plea arrangement, Plewe also requested copies of Stratton’s previous felony convictions.
Represented by public defender Amy Smith, Stratton is scheduled to appear next before Plewe on Tuesday, June 11, at 1:30 p.m. for a motion hearing.
Plewe, citing restitution concerns, also rejected a two-year deferred plea bargain in May.
According to court documents, Stratton admitted to sheriff deputies after his arrest that he “maybe recklessly, but not knowingly” started the fire.
Fourth degree arson carries a maximum six-year prison term.
Court records show the Roatcap Fire started on Stratton’s property, and consumed 400 acres in 24 hours, forcing the evacuation of 30 families.
Multiple area fire departments and crews battled the blaze, costing up to $250,000, said county officials.
