Terry Barton to walk free this summer
Dennis Huspeni, The Gazette
Originally published 02:40 p.m., March 27, 2008
Updated 03:16 p.m., March 27, 2008
Photo by Kirk Speer/Colorado Springs Gazette
Terry Barton, who admitted to starting the Hayman Fire, was resentenced today to 15 years probation and 100 hours of community service per year, by Fourth Judicial District Judge Thomas Kennedy, at the Teller County Courthouse in Cripple Creek.
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CRIPPLE CREEK — Terry Barton is likely to be released from federal prison around the sixth anniversary of the worst wildfire in Colorado's history after a judge resentenced her today.
Fourth Judicial District Judge Thomas Kennedy resentenced Barton to 15 years probation and 1,500 hours of community service, bringing an end to years of legal wrangling by prosecutors from the four counties affected by the Hayman fire.
Her 12-year prison sentence on a state arson charge was tossed out by the Colorado Court of Appeals in 2004 because of the way the original judge handled her case.
Barton, 44, is serving the remainder of a six-year sentence on federal charges for starting the 2002 Hayman fire. She's scheduled to be released from that Texas federal prison in June, according to her attorney.
Once she's released, Barton will have seven days to check in with 4th Judicial District probation officials. Her new sentence on the state charge will be retroactive to 2003, meaning she'll be subject to community service and probation check-ins until 2018.
During a severe drought in June 2002, Barton, a U.S. Forest Service fire spotter, reported that a fire had started in a campground northwest of Lake George. About a week later, she was arrested after admitting she accidentally started the fire by burning a letter from her estranged husband.
The fire burned 137,000 acres and destroyed 133 homes.
"The results of your conduct will be visible long after everyone in this courtroom is dead, and after their children are dead," Kennedy said Thursday. "That burn and scar on the mountainside will continue."
The maximum sentence Kennedy could have imposed was six years in prison. Because the plea agreement stipulated Barton get credit for state time while serving her federal prison sentence, she would have already completed that state sentence, Kennedy said.
"If I impose a six-year sentence, it will be meaningless," Kennedy said. "Justice requires something more — that you give back to the community you damaged with your actions."
Kennedy ordered Barton to perform at least 100 hours of community service per year, and that service be done in one of the four counties in which the fire raged for weeks.
"It's your opportunity to demonstrate that you're remorseful," Kennedy said.
Before Kennedy imposed the sentence, several people spoke on Barton's behalf, including a woman who's home was consumed by the Hayman fire.
"Terry Barton has more than served her time," said Jamie Johnston of Teller County.
Johnston, who emphasized she was not speaking for everyone who lost property, said: "It's time for us to move on and put this period of our lives behind us."
Barton's attorney, Deputy Public Defender Marcus Henson, told Kennedy that Barton has helped other women in prison focus on health and fitness. She's been productive in prison, becoming a certified personal trainer, he said.
"She's not asking for victims to forgive her," Henson said. "She just wants them to get rid of the anger in their heart and move forward."
Fourth Judicial District Attorney John Newsome, who spoke on behalf of prosecutors from Park, Douglas and Jefferson counties, said they never would have entered the plea agreement if the sentence been capped at six years.
"Our hands are tied, literally," Newsome said.
Newsome emphasized Barton's "misuse of public trust" and the "catastrophic effect" the fire had on state lands, property and the people who owned it.
"She caused over $30 million in damage," Newsome said. "But more importantly, she burned our trust."
Prosecutors will submit a request for more than $30 million in restitution, Newsome said.
Henson asked Kennedy if Barton's probation could be transferred to California so she could live with her children. But Kennedy refused.
"That would be of no benefit to the state of Colorado," Kennedy said.
Comments
Posted by SaddleTramp on March 27, 2008 at 3:44 p.m. (Suggest removal)
"She's not asking for victims to forgive her," Henson said. "She just wants them to get rid of the anger in their heart and move forward."
Gee, Terry, no hard feelings? Let's see. 133 homes and priceless possesions destroyed. 5 firefighters dead. 137,000 acres burned. All by some idiot that thinks people ought to forget about it and move forward!!!!BTW, her public defender lawyer called it right; VICTIMS. And 30 million in compensation? Why not make it 30 trillion? There's no way she'll pay off ten thousand dollars. I don't think the ex-con will be pulling down the big bucks as a certified personal trainer.
Posted by EdVMorales on March 27, 2008 at 3:54 p.m. (Suggest removal)
We got a NBA star who drives over 100mph on the streets not once but twice. Now this. What's next bank robbers, killers and etc get no jail time. What a JOKE!!
Posted by PajamaPulitzer on March 27, 2008 at 4:27 p.m. (Suggest removal)
She should never, ever own even a single luxury, but should be dirt poor he whole life.
Posted by dl1011 on March 27, 2008 at 5:06 p.m. (Suggest removal)
If I had lost my house in that fire, or if I had a loved one hurt or killed by that fire that was started by Terry Barton, she would think of me EVERY time she took a step because the Irish perfected the art of kneecapping. Sleep well tonight Terry.
Posted by The_Punnisher on March 27, 2008 at 5:40 p.m. (Suggest removal)
Stake her and Judge Kennedy in the path of the next wildfire.
BOTH will have to find peace with the Creator...
We are starting to see the effect of too many activist judges....
Time to " Get a Rope " in Colorado...
Posted by bxwatso on March 27, 2008 at 6:20 p.m. (Suggest removal)
Sure she started the fire, and that was very bad, but she was not 100% to blame.
What about the environmentalists that opposed all logging that would have cleared the over-dense forest? The violence of the forest fire was caused by the overly dense forest.
What about the forestry service that has fought most all fires, again leading to overly dense forest?
What about the homeowners who chose to build houses in an overly dense forest? It's like building a house on the beach where hurricanes hit every 10 years. Aren't they partly to blame?
If Ms. Barton hadn't started the fire, lightning or some other accident would have started the same fire sometime soon (next 20 years). In other words, don't blame her for the part of the tragedy caused by bad management, overzealous environmentalists, and imprudent home owners.
Posted by Buckshot55 on March 27, 2008 at 6:40 p.m. (Suggest removal)
Uh-oh, Terry's loose; Watch out all you pine beetles out there!
Posted by coloradoorbust on March 27, 2008 at 8:02 p.m. (Suggest removal)
Bring on the law suits!!!!!!!!!!
Posted by 4seeaye on March 27, 2008 at 10:07 p.m. (Suggest removal)
MERCY, Have YOU FORGOTTEN : How MANY STUPID things YOU are GUILTY OFF ???
Try a WAR America starts, try fleeing your bomed house <NO INSURANCE>,
have you ever been tought to look for food in the wild??? I bet your Grandmother has!
As for Ms. Barton, YES, I was ordered to evacuate for 2 weeks, I watch the FOREST EXPLODE. Yes, it cost me to escape, but the costs where minute ~ remembering the loss of lives and being without food, warmth and shelter, during WW II.
Ms. Barton made a mistake, burning a letter in fire danger ~ YOU and I could have possibly done the SAME ~ ~~
PLEASE don't put YOURSELF on the ABOVE ALL JUDGEMENTs,
Posted by happymike44 on March 27, 2008 at 11:45 p.m. (Suggest removal)
I had my in a subdivision many years ago threatened by a arsonist.Imagine it 5:00 o clock in the afternoon and you have to leave your home.No warning nothing all you can do is get in the car with your pets and driveaway.We were the lucky ones we had a home to come back to.In one neighborhood all the houses were gone except one.In our case the fire burned rightup to the top of the hill and then seemed to turn around and go back the way it came.Also the fear a arsonist instills into a neighborhood.I sat there in traffic nd waited for my turn to get out.I finally put my truck on the edge of a ditch and drove out.This prson is sorry but the loss she inflicted will be felt for years to come.I am sure she is repentant,emotional state or not it is sad she ruined her life over one stupid mistake ever hear of a shredder.
Posted by Retread on March 28, 2008 at 8:38 a.m. (Suggest removal)
She is not and was not a arsonist. She was a heartbroken idiot with a match, who made a bad decision in burning a love letter in a fire danger area! Having her serve time in prison is a overzealous DAs idea of making a name for himself. It is not bringing back any property, lives, or woodland. It just prolongs agony and hard feelings.
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