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and what I had found, and requested guidance on how to proceed. I was instructed by David trey <br />to contact Mr. Lane, interview Mr. Cocco for additional information and for potential as a <br />witness, and wait for a second phone call with further instructions. <br />At 11:26, 1 contacted Mr. Bill Lane by telephone. I introduced myself and explained that I was a <br />representative of the county before inquiring if he owned the property where a fire was burning <br />west of the intersection of Henry and Santa Fe Roads. Using prolific profanity, Mr. Lane <br />confirmed that he was the owner, blamed the railroad for the fire, and provided his personal <br />opinions regarding government, regulations and bureaucrats. I requested that he put out the <br />fire that day as ordered by the Air Pollution Control District, and not start or allow other fires <br />to burn on the property. Mr. Lane assured me that he would put out the fire that afternoon. <br />I phoned Mr. Cocco for additional information. I was able to gain his address, but gained no new <br />or significant information as he rambled and repeated his previous story. <br />At 1150, 1 was paged by David Irey, and I phoned him for further instructions. David Irey <br />provided an authorization from the San Joaquin County District Attorney's Office for funds to <br />cover costs incurred by Escalon Fire Department to extinguish the fire at 232001 S. Santa Fe <br />Road that afternoon. David Irey requested that the film taken by Jim Czarnecki be delivered to <br />Meadows Camera in Stockton for developing so that it could be reviewed the following week, and <br />that I coordinate extinguishing the fire with the Escalon Fire Department and San Joaquin <br />County Sheriff, and that I meet with him the following week regarding possible prosecution of <br />Mr. Lane. <br />Chief Rosenberg agreed to send two firefighters and a water tender to put out the fire at 2:00 <br />p.m. as long as a Deputy Sheriff was present. I arranged to have a Deputy Sheriff meet us at the <br />intersection of Henry and Santa Fe Roads at 2:00 p.m. <br />At 12:50 p.m., I drove by 232001 S. Santa Fe Road and saw a tractor trailer dumping soil and <br />wood debris next to the burning area. The fire had not been put out, and I could see no sign that <br />anyone had or was attempting to extinguish the fire. <br />At 1:35 p.m., I drove by a second time to check on Mr. Lane's progress in extinguishing the fire. <br />I saw a tractor trailer dumping another load of soil and flammable debris next to the one I <br />observed at 12:50. At this time, I could see of flames on the west side of the property while <br />driving on Santa Fe Road. I judged that the fire had increased in area and intensity since that <br />morning, and did not believe that Mr. Lane would be able to extinguish the fire by smothering it <br />with the soil and wood debris. <br />At 2:00 on August 10, 1990, Fire Chief Rosenberg and I arrived at the intersection of Henry <br />and Santa Fe Roads. No one was visible working on Mr. Lane's property and the flames were <br />visible from where we parked on Santa Fe Road. Chief Rosenberg and I then went to Mr. Lane's <br />Residence on S. Henry Road to attempt to contact him. Our intention was to gain the cooperation <br />of Mr. Lane so that the Escalon Fire Department could extinguish the fire that afternoon without <br />confrontation. I knocked twice on the front door of Mr. Lane's residence at 23125 S. Henry Road <br />but no one answered the door. Fire Chief Rosenberg stated that he doubted that his department <br />could extinguish the fire with the equipment available; citing that he did not have a "Cat", the <br />water tender would not be able reach the burning area, and that he and his department were <br />about to receive a phone call which would dispatch them to the Yosemite Fire. Chief Rosenberg <br />