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Court's Ruling May Impact Calif. Firefighter Arson Case

Feb. 3, 2012

The attorney representing a Magalia man charged for a series of fires on the upper Paradise ridge said he will challenge evidence obtained by a GPS device.

Source Chico Enterprise-Record (California)

OROVILLE, Calif. -- The attorney representing a Magalia man charged for a series of fires on the upper Paradise ridge said he will challenge evidence obtained by a GPS device.

Jonathan Griffith said Thursday that he is making a motion in Butte County Superior Court to suppress the GPS tracking data gathered against his client, former volunteer firefighter Jairo Perkins-Grubbs.

The U.S. Supreme Court unanimously ruled last month that police can't install GPS tracking technology on a suspect's vehicle without a warrant.

"In this case, the GPS tracking information is crucial," Griffith said.

As part of the investigation into Perkins-Grubbs, officials placed a GPS tracker on a vehicle he was driving on Sept. 29. They subsequently tracked his vehicle near several vegetation fires, allegedly including a third attempt to burn the Magalia Depot. He was arrested Oct. 4.

Perkins-Grubbs faces 20 felony counts for his alleged role in about 20 suspicious fires set on the upper ridge starting in late July and ending Oct. 3. Prosecutors allege he is responsible for fires that consumed the DeSabla Market in August and the Lovelock Inn in September, as well as multiple attempts on the depot.

The defendant was initially charged with eight counts, but deputy district attorney Corie Caraway said prosecutors added 12 additional counts following a preliminary hearing to determine whether there was probable cause to hold Perkins-Grubbs for trial. The new counts are for vegetation fires the defendant was allegedly involved in.

Griffith sought to dismiss the case based on the new charges, but it was denied Thursday. He said new charges shouldn't be filed based on evidence that was admitted for limited purposes.

Caraway said prosecutors can file new charges based on the information from a preliminary hearing.

Griffith's motion to throw out the tracking data may be heard during a March 27 hearing. A trial date for Perkins-Grubbs may also be set during that hearing.

The defendant remains in custody.