Sources: Teens toying with matches started Gatlinburg wildfire
The teenagers charged with setting the fire in the Great Smoky Mountains National Park that ultimately spread to torch thousands of homes and businesses and kill 14 people were horsing around with matches, sources say.
The boys, ages 17 and 15, were charged this week in Sevier County Juvenile Court with aggravated arson in the Nov. 28 wildfires that shut down the city of Gatlinburg at the height of its winter tourism season and damaged or destroyed more than 2,400 homes and businesses. The death toll included two children and a woman who died fleeing the flames
Fourth Judicial District Attorney General Jimmy Dunn, whose jurisdiction includes Sevier County, and Tennessee Bureau of Investigation Director Mark Gwyn announced the teens' arrests Wednesday but refused to reveal any details. State law shields from the public most documents and information on juvenile defendants in all but the most serious cases, such as murder and rape. Aggravated arson is not on the list of the most serious charges.
Sources familiar with the teenagers and the investigation but not authorized to speak publicly about the case say the two boys are friends and live in Anderson County. The boys were hiking on the Chimney Tops trail in the park on Nov. 23 and tossing lit matches onto the ground around the trail, the sources said. A hiker unwittingly captured an image of the boys walking away from the trail with smoke in the background, and the teenagers' clothing helped authorities identify them, according to sources.
The oldest boy is the son of an Anderson County Sheriff's Office employee, according to sources. The News Sentinel has learned 4th Judicial District Public Defender Ed Miller has been tapped to represent the 17-year-old, while veteran Knoxville defense attorney Gregory P. Isaacs has been retained by the family of the younger teen. Miller did not return a phone call Friday. Isaacs would not say whether he represents the boy.
Dunn also did not return a phone call Friday. A detention hearing for the boys set for Friday was delayed.
The two friends are in separate legal postures as they are currently charged. Aggravated arson is not a qualifying offense that would allow a judge to transfer the 15-year-old to be tried as an adult in Criminal Court. Under state law, prosecutors can seek to transfer defendants under the age of 16 to adult court only if they are charged with a set list of the most heinous crimes, including murder, rape, robbery and kidnapping. But the law allows a 17-year-old defendant to be tried as an adult for any crime if prosecutors can convince a Juvenile Court judge to grant the transfer.
Dunn said at a news conference this week that "additional charges are being considered and all options are on the table, including transfer of these juveniles to adult Criminal Court."
The boys are not charged in the fire deaths, but aggravated arson is a crime for which a charge of felony murder — a death that results from the commission of certain felonies -- can be legally supported. If Dunn seeks felony murder charges, the 15-year-old boy would then qualify to be considered for trial as an adult.
The teenagers remain in juvenile detention in Sevier County.
Authorities have said they believe last week's deadly wildfires began with the Nov. 23 blaze at Chimney Tops. The fire initially did not pose a threat to Gatlinburg or surrounding areas, but on Nov. 28, hurricane-style winds hit Sevier County and spread the embers of the fire already burning in the park to lower elevations. Prosecutors would need to show the boy's actions - by playing with matches - directly resulted in the deaths of the fire victims. Any action or inaction by the National Park Service in handling the Chimney Tops blaze would come into play should felony murder charges be sought.