Yolo County supervisors request DOJ probe into deadly Esparto fireworks explosion
Citing concerns over potential conflicts of interest, the Yolo County Board of Supervisors sent a letter Friday to Attorney General Rob Bonta and the California Department of Justice, requesting it to join Cal Fire in leading the investigation into the deadly fireworks explosion that killed seven people in the Yolo County community of Esparto on July 1.
Board chair Mary Vixie Sandy wrote that while , the involvement of two Yolo County Sheriff's Office employees who own the property where the explosion occurred has fueled public concern over the integrity of the process.
"While we do not question the ability and integrity of the District Attorney to support the CAL FIRE and CAL OSHA investigations, ensuring the public's confidence in the investigation and outcomes is of critical importance to the Yolo County Board of Supervisors and our community," the letter said.
Cal Fire has already received assistance in the investigation from the California Department of Justice, the California Division of Occupational Safety and Health (Cal-OSHA), local agencies like the Yolo County District Attorney's office and the Yolo County Sheriff's Office.
"From the very beginning of this case, there have been perceived and potential conflicts of interest. One of the reasons why we were asked so quickly to come in and provide assistance to make sure there's an independent and experienced expertise in explosive and fire investigations," said Cal Fire Chief Daniel Berlant, state fire marshal. "We have been working side by side here with the DA to make sure prosecution can occur if warranted. But we will obviously get the letter, reach out to the Attorney General's office and make sure at the end of the day we do a thorough, but independent, investigation,"
Attorney General Bonta, when asked early this week about the explosion investigation, said his office was closely watching it.
"The fire marshal took steps to make sure the integrity of the investigation is maintained. But it's dynamic. We will continue to monitor and watch closely," Bonta told reporters on Monday, July 14.
Berlant told CBS13 that evidence collection has concluded on the scene and investigators are now analyzing what they recovered, conducting interviews and executing search warrants. The road closures blocking access to the property near County Road 23 and County Road 86A were lifted on Friday, July 18.
"Clearly something went wrong, but it is too early to speculate or for us to determine that negligence or criminal action was a cause of the explosions," said Berlant.
The board's letter states that Yolo County Sheriff Tom Lopez and District Attorney Jeff Reisig also support the request. The DOJ has not yet publicly responded.
"We have very stringent and strict regulations at the local state and federal level. When followed, these things don't happen. So something went wrong. We are working hard to figure that out, hold anybody accountable if a crime was committed or there was negligence. That takes time. We want to make sure we not only get the answers, but the right answers," said Berlant.
The Esparto property was owned by Yolo County Sheriff's Lieutenant Sam Machado and his wife, who works in an administrative role in the sheriff's office. Both have since been placed on administrative leave.
The site was the listed business address for two fireworks companies, Blackstar Fireworks and Devastating Pyrotechnics. Craig Cutright, an Esparto Volunteer firefighter now on leave from his role at the department, owned Blackstar and worked for Devastating Pyrotechnics as a senior show producer, emails obtained by CBS13 revealed.
Public records and communications show that Cutright was consulting with Esparto Fire Chief Curtis Lawrence on plans to expand Devastating Pyrotechnics and buy additional property for fireworks storage.
We also uncovered permits for Devastating Pyro to put on a Fourth of July fireworks show, sponsored by the Esparto Fire Department. It was scheduled to happen in the town on July 5, just days after the deadly explosion took seven lives.
The state fire marshal has since suspended the pyrotechnics licenses of Kenneth Chee, owner of Devastating Pyrotechnics, and Craig Cutright, owner of Blackstar Fireworks.
Chee was unable to obtain a federal pyrotechnics license due to a prior felony but was, under California state fire code, permitted to obtain his state licenses.
The fireworks warehouse, as CBS13 has previously uncovered, was not issued a permit by Yolo County to store fireworks. The land was zoned only for agricultural use.
"These are going to be really important discussions into the future to really make sure that we ensure if this was a loophole being used, to not follow the fire code, that we have some checks and balances put into place," said Berlant. "We've got to do a thorough review about all of the regulations. Again, the complexity is not an excuse allowable.So we will be definitely continuing to look into our scope of regulations that we can set to ensure we have the most stringent requirements that we have the authority to make."
The investigation is active looking into how the explosion happened and if any crime contributed to its cause. Sheriff Lopez confirmed his agency is playing no role in the investigation.
