Man’s brush fire became raging wildfire that scorched federal land in NC, jury finds
Nearly two years ago, a fire that started on private property consumed 90 acres in the mountains of North Carolina — 70 of which were on federal land in the Nantahala National Forest, prosecutors said.
Now a 42-year-old man has been convicted on charges he intentionally started the blaze.
A federal jury found Casey Lee Evans guilty on Thursday, Jan. 6, following a three-day trial in the Western District of North Carolina, court filings show. The charge carries a maximum sentence of five years in prison and a $250,000 fine, according to the U.S. Attorney’s Office.
Evans, who was taken into federal custody after the verdict was announced, could not be reached for comment. A defense attorney appointed to represent him declined to comment in a statement to McClatchy News on Jan. 7.
Prosecutors said the fire started on April 3, 2020, near Cals Cove Road in Franklin, North Carolina, which sits in the Nantahala National Forest about 68 miles southwest of Asheville.
A second fire in Pisgah National Forest started around the same time, according to a news release from the U.S. Forest Service.
Rangers initially said the Cals Cove fire was estimated at 30 acres and had spread from private property into U.S. Forest Service land in the Nantahala Ranger District. About 25 firefighters and a Forest Service helicopter were called to quell the blaze, which was dubbed the Cals Creek Fire.
The following day, the Forest Service said, the fire was estimated at 90 acres with 70% contained and 35 firefighters on scene.
It reached 90% containment by April 6, 2020.
Prosecutors said the blaze “burned for several days before it was successfully extinguished,” consuming about 70 acres of federal land and 20 acres of private property.
Chaos in the courtroom
Evans wasn’t indicted until a year later. His defense attorney said in court documents that he “acknowledged his responsibility for starting the fire in question immediately.” Evans also continued to live at the house on the property where the fire reportedly began until he was arrested on April 24.
Evans remained in jail until he was arraigned before a judge four days later, court documents show. Prosecutors requested he be evaluated for competency to stand trial, and the hearing was continued until April 30 so both parties could prepare.
During the second hearing, a special agent with the Forest Service was called to testify, prompting Evans to begin “objecting loudly,” the judge said in court documents. Evans was reportedly reminded that anything he said could be used against him, and the judge threatened him with removal.
Evans’ lawyer was given a moment to speak with him, during which time the judge said he “remained agitated and did not appear to want to speak quietly and confidentially with his attorney.”
He then began using profanity, “making outbursts” and “yelling obscenities” before the judge called a deputy to remove him from the courtroom, which he reportedly resisted.
“Defendant continued to yell loud obscenities as he was taken out of the courtroom and moved through the halls of the courthouse,” the judge said.
Evans was subsequently committed to a mental health facility for a psychiatric examination, court documents show. A forensic psychologist at the Metropolitan Correctional Center in New York determined he was competent to stand trial, and the case began to move forward again in October.
The judge found Evans in contempt of court for his outburst during the April 30 hearing — which he reportedly apologized for during a later appearance — and he was sentenced to 30 days in prison.
Going to trial
The case went to trial on Tuesday, Jan. 4.
During testimony, Evans said he was clearing brush on his property when the fire started and didn’t know it was federal land.
“Indeed, Mr. Evans is aware of no federal or state statute that would generally prohibit him from burning brush on his own land,” his defense attorney said in court filings.
The jury returned its verdict two days later, finding him guilty on one count of “timber set afire” — meaning he “willfully and without authority did set on fire timber, underbrush and grass upon lands owned by the United States,” court documents state.
Evans was taken into custody immediately after the verdict, and his defense attorney has since filed a request for his release while they await sentencing.
His attorney said Evens’ absence has “worked a severe hardship on the family” in that he keeps up the property on which they live, including cleaning up fallen branches and leaves and “maintaining generators and other equipment used by the household.”
His mother “has stated that she is unable to maintain the property and it is falling into disrepair without Mr. Evans’ assistance,” the motion states.
Evans’ attorney said he hasn’t done anything dangerous or illegal since his indictment, nor is he likely to flee.
Court documents show a judge has not ruled on the request as of Jan. 7.
