El Dorado County Judge Vicki Ashworth will soon determine whether evidence against the two men accused of starting the Caldor Fire is strong enough to take the pair to trial.

David Smith and son, Travis (Shane) Smith, stand accused of igniting the fire and have been out on bond since their arrest in December, 2021. They face multiple felony counts of reckless arson and possession of gun silencers, and Shane Smith faces a count of illegally converting a firearm into a machine gun.

El Dorado County prosecutors began laying out their evidence against the Smiths November 28 and 29 and the preliminary hearings are set to conclude this month.

In the November hearings, prosecutors confirmed they are moving forward with the theory that the fire was started when bullets struck an object causing heated fragments to fall into dry vegetation. According to prosecutors the Smiths fired the bullets that ignited the fire.

DA investigator John Robertson testified that GPS data from the defendants’ cell phones proves the Smiths were in the vicinity of the fire’s origin at the time the blaze began. On cross examination, lawyers for the Smiths asked whether Robertson was aware of others in the area at the same time and whether their cell phones were examined as well. Robertson stated he did not recall whether GPS data from others was examined.

Read my previous reporting on the Smiths’ GPS data here.

Defense attorney Mark Reichel has told me in previous interviews that neither defendant denies being in the area the day the fire began.

Prosecutors also put a firearms expert on the stand to confirm illegally-constructed silencers were found on the Smiths’ properties which lead to one of the gun charges against the Smiths. On cross examination, however, the expert was forced to admit the pipes found did not contain all the components needed for a suppressor to properly work. Additionally, the pipes were not checked to see if they would have fit any of the firearms seized in the search warrant.

The defense attorneys described the items in question as threaded pipes and suggested they could have been used for a variety of reasons unrelated to firearms.

Read my previous reporting on the gun charges here.

Defense lawyers also took issue with another DA investigator, Joe Ramsey. In an intense exchange, the lawyers were able to get Ramsey to admit he couldn’t recall interviewing a man who had been camping near the fire’s origin on the day of ignition. This was despite files introduced by the defense team purporting to show Ramsey himself conducted that interview.

Judge Ashworth has announced the preliminary hearings will continue on December 20. I will continue monitoring the unfolding hearings closely, and I have reached out to the DA and defense lawyers to request interviews.

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