Caldor Fire suspects face felony weapons charges on top of reckless arson charges

EL DORADO COUNTY, Calif. - Following Wednesday's announcement that a father and son, David Scott Smith, 66, and Travis Shane Smith, 32, had been arrested on suspicion of starting the Caldor Fire, the El Dorado County District Attorney's Office (DA) has filed criminal complaints against them.

They are both being charged with four felony counts including recklessly causing a fire with great bodily injury, causing fire to inhabited structures, and to forest land.

Allegations also include a felony charge against Travis for converting a firearm into a machine gun between August 9 and August 14, 2021, and both possessing a silencer for firearms between August 11 and September 23, 2021. The charges do not state if the gun is suspected of starting the fire.

The Caldor Fire burned 221,775 acres from August 14, 2021 – October 21, 2021, in El Dorado, Amador, and Alpine counties. It started about two miles east of Omo Ranch and four miles south of Grizzly Flats.

David Smith was arrested at an address matching the Pepsi Bottling Group in Sacramento, while Travis Smith was arrested in Roseville at the address of West Park High School. Search warrants had been executed over the past few months as authorities investigated the cause of the fire.

They are both being held in the El Dorado County Jail in Placerville in lieu of $1 million bails each. Their first court date is Friday, December 10.

The complaint was filed Thursday in Superior Court by the El Dorado County DA Vern Pierson.

The complaint:

Count 1: On or about August 14, 2021, in the County of El Dorado, State of California, the crime of Recklessly Causing A Fire With Great Bodily Injury in violation of PC 452(a), a Felony, was committed in that TRAVIS SHANE SMITH AND DAYID SCOTT SMITH did unlawfully and recklessly set fire to and bum and cause to be burned a structure, forest land, or personal property and did cause great bodily injury to Richard G., Brian T., and Shaogui Z.

Count 2: On or about August 14, 2021, in the County of El Dorado, State of California, the crime of Recklessly Causing Fire To Inhabited Structure in violation of PC 452(b), a Felony, was committed in that TRAVIS SHANE SMITH AND DAVID SCOTT SMITH did unlawfully and recklessly set fire to and burn and cause to be burned an inhabited structure and inhabited property located within unincorporated El Dorado County.

Count 3: On or about August 14, 2021, in the County of El Dorado, State of California, the crime of Recklessly Causing A Fire Of A Structure Or Forest Land in violation of PC 452(c), a Felony, was committed in that TRAVIS SHANE SMITH AND DAVID SCOTT SMITH did unlawfully and recklessly set fire to and burn and cause to be burned a structure and forest land located within unincorporated El Dorado County.

Count 3 enhancements: 1) , Special Allegation - Aggravating Factors, alleged that a firefighter, peace officer, or other emergency personnel suffered great bodily injury as a result of the offense. 2) Special Allegation - Aggravating Factors, it is further alleged, pursuant to Penal Code section 452. l(a)(3), that the defendants proximately caused great bodily injury to more than one victim in a single violation of PC 452. 3) Special Allegation - Aggravating Factors, it is further alleged, pursuant to Penal Code section 452. l(a)(4), that the defendants proximately caused multiple structures to burn in a single violation of PC 452. 4) Special Allegation - State of Emergency, it is further alleged, pursuant to Penal Code section PC 454(a)(2), that the above offense was committed during and within an area proclaimed by the Governor to be a state of emergency pursuant to Section 8625 of the Government Code within the meaning of Penal Code Section 454(a)(2), to wit: 5/10/2021 proclamation of state of emergency due to drought conditions in El Dorado County.

Count 4: On or about and between August 9, 2021 and August 14, 2021, in the County of Sacramento, State of California, the crime of Machine Gun Conversion in violation of PC 32625(b), a Felony, was committed in that TRAVIS SHANE SMITH did unlawfully and intentionally convert a firearm into a machine gun or knowingly manufacture a machine gun. It is further alleged that El Dorado County has jurisdiction of the above offense pursuant to Penal Code section 781.

Count 5: On or about and between August 11, 2021 and September 23, 2021 in the County of El Dorado, State of California, the crime of Possession of a Silencer in violation of PC 33410, a Felony, was committed in that TRAVIS SHANE SMITH AND DAVID SCOTT SMITH did unlawfully possess a silencer for firearms.