DENVER (KDVR) — The ashes have settled, and many communities in Boulder County have begun to rebuild after the most devastating fire in Colorado history. An investigation by the Boulder County Sheriff’s Office found that two fires, one likely caused by an Xcel power line, and a second residential fire combined to cause the Marshall Fire.
The district attorney’s office said they looked into if there were justified charges. They said there was insufficient evidence, and no one will be charged.
“This fire was terribly disruptive and traumatic to so many people. We make our decision on criminal charges based on evidence not based on emotion,” said District Attorney Michael Dougherty.
Dec. 24, 2021: Residental burn
According to BCSO, six days before the blaze on Dec. 24, 2021, residents at 5325 Eldorado Springs Dr. started a fire to dispose of scraps and tree branches.
The fire department believes this fire was conducted responsibly as there was a large water source nearby and the fire was covered. However, BCSO said on Dec. 30, high winds uncovered the previously buried fire, and the embers were exposed to oxygen and moved to nearby dry vegetation.
The residents tried to put out the reignited fire, but the winds were pushing the flames faster than they could keep up. The DA said 40 people were living on that property at the time and that there is no evidence that they set a fire on Dec. 30.
The DA said there is no way they can prove that the fire conducted on Dec. 24 was criminally reckless.
Xcel power line
One hour after the reignited embers spread on Dec. 30, a second fire started on the Marshall Mesa Trailhead.
Investigators determined the most likely cause was hot particles discharged from an Xcel Energy powerline. The powerline showed significant evidence of electrical arcing.
While the electrical line is the probable cause of the second fire, BCSO said a coal mine fire underground cannot be ruled out. It is also unlikely, but not ruled out, that the embers from the first fire started the second fire that was 2,000 feet away.
BCSO said that high winds can cause the wires to disconnect and that the investigation showed no evidence of worn materials or bad construction materials. Investigators found that the poles and conductors in the area were in good condition.
