EAGLE \u2014 The pair accused of sparking the Lake Christine fire pleaded not guilty on Wednesday and will take their chances at trial.<\/p>\n
El Jebel residents Richard Miller and Allison Marcus, both 23, made their first court appearance before District Court Judge Paul Dunkelman where they entered not guilty pleas.<\/p>\n
Miller\u2019s trial is scheduled for May 28-June 7; the trial for Marcus is set for June 17-28.<\/p>\n
Attorneys differed on whether a jury should hear the two cases at the same time. Assistant District Attorney Heidi McCollum and Miller\u2019s attorney Josh Maximon said that both should be tried together. Stan Garnett, the attorney for Marcus, disagreed, saying he would like Marcus to be tried separately.<\/p>\n
Those issues, among others, will be sorted out during a March 15 motions hearing, Dunkelman said.<\/p>\n
The case itself won\u2019t take two weeks but jury selection is expected to take longer than usual. Finding Eagle County jurors who have no connection with the case could be difficult, McCollum said.<\/p>\n
Both Garnett and Maximon said they anticipate defense testimony for the Marcus trial won\u2019t take more than one day.<\/p>\n
The March 15 motions hearing is expected to take a half day, attorneys said.<\/p>\n
Colorado\u2019s attorney general could be asked to help interpret some aspects of Colorado\u2019s law that Garnett contended could be unconstitutional.<\/p>\n
Garnett said the defense is also expecting to ask that some evidence collected at the scene be excluded, along with conversations with law enforcement. They\u2019ll also discuss how fire bans are interpreted, Garnett said.<\/p>\n
Miller and Marcus could still enter a different plea after the motions hearing, Dunkelman ruled Wednesday morning. They\u2019ll discuss that on March 15, along with possible restitution for damages caused by the fire.<\/p>\n
\u201cRestitution is a huge issue in the case,\u201d Dunkelman said.<\/p>\n
The fire burned more than 12,500 acres on state, federal and private lands and it destroyed three houses.<\/p>\n
During Wednesday morning\u2019s hearing, both Marcus and Miller silently stood behind the defense table, letting their attorneys do all the talking.<\/p>\n
Marcus and Miller were allegedly at the shooting range near Basalt, firing tracer rounds shortly before 6 p.m. on July 3. The public range was open despite fire restrictions banning everything from charcoal grill fires to outdoor smoking. However, firing tracer ammunition is always banned, according to Colorado Parks and Wildlife, which owns and operates the shooting range.<\/p>\n
Marcus told the authorities that she \u201ccaused it and was sorry. Marcus said she called into 911 to report the fire,\u201d the affidavit says.<\/p>\n
Marcus said she had been shooting a rifle, while Miller said he was firing a shotgun.<\/p>\n
Miller and Marcus, both 23, each face three charges of fourth-degree arson, a Class 4 felony, and setting fire to woods or prairie, a Class 6 felony. Miller and Marcus are free on a $7,500 bond each.<\/p>\n
Craig Miller, Richard\u2019s father, isn\u2019t facing charges directly related to the fire. Instead, he was arrested for his alleged conduct when Eagle County deputies received an anonymous tip July 14 that his son and Marcus were at his home in Missouri Heights.<\/p>\n
Staff Writer Randy Wyrick can be reached at 970-748-2935 and\u00a0rwyrick@vaildaily.com<\/a>.<\/em><\/p>\n