Not enough evidence to take father and son accused of starting Caldor Fire to trial, judge rules

A judge ruled Friday there is “insufficient evidence” to take the father and son arrested for allegedly starting the 2021 Caldor Fire to trial. 

David Scott Smith, 66, and his son Travis Shane Smith, 32, who goes by Shane, were arrested and charged for reckless arson in December 2021, months after the start of the wildfire. Both pleaded not guilty to the charges.

At the time, prosecutors alleged that the pair started the fire “when a projectile discharged from a firearm and struck an object.” But on Friday, El Dorado County Superior Court Judge Vicki Ashworth ruled there was not enough evidence to move to a trial.  

“As to reckless burning charges, the court found there was insufficient evidence to meet the legal requirements that the behavior was reckless,” the El Dorado County District Attorney’s office wrote in a press release. 

The Caldor Fire burned for 67 days In El Dorado and Amador counties, destroying more than 1,000 structures and forcing 53,000 people from their homes. It was the second fire to burn across the crest of the Sierra Nevada in state history, the first being the Dixie Fire earlier in the summer of 2021.

The pair still face gun-related charges, Shane Smith for possession of a machine gun, and David Smith for possession of a silencer. They will be arraigned Feb. 2.