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Father, son accused of sparking Caldor Fire face 5 felonies, including machine gun conversion charge

66-year-old David Scott Smith and 32-year-old Travis Shane Smith are accused of reckless arson in connection to the Caldor Fire that burned more than 200,000 acres.

SACRAMENTO, Calif. — El Dorado County District Attorney's Office has released the complaint that lists the charges two men are facing in regards to the Caldor Fire.

The district attorney's office said 66-year-old David Scott Smith and 32-year-old Travis Shane Smith are accused of reckless arson in connection to the Caldor Fire that burned more than 200,000 acres in El Dorado and Amador counties.

According to the DA's office, the Smiths were arrested for "reckless arson," which caused inhabited properties to burn and resulted in great bodily injury to multiple victims.  

The men face five felonies each, according to the complaint. The first three felonies:

  • Recklessly Causing A Fire With Great Bodily Injury 
  • Recklessly Causing Fire To Inhabited Structure
  • Recklessly Causing A Fire Of A Structure Or Forest Land

Carried enhancements that were related to injuries, property damages, and the fact that the crimes took place during, "and within an area proclaimed by the Governor to be a state of emergency."

The other two felonies were:

  • The crime of Machine Gun Conversion 
  • The crime of Possession of a Silencer in violation

These charges did not carry enchantments, but from the complaint occurred between August and September. The complaint alleges the Smiths, "did unlawfully possess a silencer for firearms" and "did unlawfully and intentionally convert a firearm into a machine gun or knowingly manufacture a machine gun."

Read the full complaint below or by clicking here.

The Caldor Fire forced the residents of the city of South Lake Tahoe to evacuate as the flames entered the Tahoe Basin. The city at the time projected the local economy would lose about $40 million due to the wildfire.

Mark Reichel, the attorney representing both men, told ABC10 Wednesday that his clients are not currently facing charges for intentionally setting the Caldor Fire. He said that they reported the wildfire to authorities and warned nearby campers.

"They say,  'even if this was an accident, you know, we're gonna make you pay for it, punish you for it,'" Reichel said.

He said so far no evidence has been submitted as to why the district attorney's office believes what ignited the Caldor Fire and that it is too early for him to form opinions regarding the case.  

An arraignment is set for 1:30 p.m. Friday, Dec. 10.

Watch: Man fatally shot by Stockton officers after charging at them while armed

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