Man accused of Larch Creek Fire not likely to do much jail time
Photo of Larch Creek Fiore by Mary Beechler - from Tygh Valley captured on Tuesday night, July 9. Posted on Columbia Gorge Wildland Fire and Information Page on Facebook.
By Tom Peterson
The Dalles, Ore., Sept. 23, 2024 — The 51-year-old man accused of starting an 18,000-acre blaze near Dufur on July 9 was arrested on Wednesday, Sept. 18 in Jefferson, according to a Portland news source.
He also made bale.
He was being held on $20,000, and 10% or $2000 was all it took for him to walk away from jail. He was not scheduled for another court date, according to the Oregon Judicial Information Network on Monday, Sept. 23.
It’s a head-scratcher for many who see a man who can walk free after allegedly starting a fire that is estimated to have cost some $14 million to put out.
Some are furious over the Larch Creek Fire that put residents and their stock in peril and burned thousands of acres of property. Yet, Arson 2 is a lower-level crime.
Christopher Mennealy, 51, is charged with second-degree arson a class-C felony, and reckless burning, a class-A misdemeanor in connection with the Larch Creek Fire. He is accused of starting a fire on a property near Friend while squatting.
Unlike first-degree Arson, which falls under measure 11 crimes and mandates a 90-month sentence without parole, Arson 2 is treated more like a property crime and typically draws nowhere near the sentence of first-degree Arson. Menealy is more likely to draw probation than time in jail.
The difference between the two is the intent to harm others. To prove first-degree arson a prosecutor must prove intention.
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So while an act of starting a fire in tinder-dry conditions in a wildland interface would be considered foolhardy by most that does not necessarily indicate the act was intentional - a key element in proving first-degree Arson.
In Oregon, second-degree arson can result in a sentence of up to five years in prison and a fine of up to $125,000. However, the exact sentence can vary greatly based on several factors, including the circumstances of the crime, the defendant's criminal history, and other factors considered by the court.
On Monday, Sept. 16, Wasco County District Attorney Matthew Ellis announced Mennealy was indicted for crimes involving the ignition of the Larch Creek Fire. Soon thereafter a warrant for his arrest was issued as he failed to show up for court.
The Larch Creek Fire began near Friend, OR in Wasco County, where Mennealy was squatting on another’s property. Within 10 days, the fire burned an estimated 18,286 acres and had suppression costs totaling over $14 million.
