A deal to put the woman suspected of starting the fire that severely injured Fresno Fire Capt. Pete Dern behind bars for seven years was derailed in Fresno County Superior Court on Wednesday, and the case now appears to be headed for trial.
Judge Don Penner rejected the seven-year prison term previously agreed to by both the Fresno County District Attorney's Office and counsel for Julia Harper, 52. He didn't give a specific reason for the decision, but he noted that the severity of Dern's injuries and status as a firefighter as factors.
Harper was arrested April 23 for allegedly starting a fire at a home she'd been staying at on Cortland and Del Mar avenues. Dern fell through the garage's roof as he and other firefighters battled the blaze last March. He suffered second- and third-degree burns on about 65 percent of his body. Wednesday's decision came after some verbal sparring between Harper's attorney, Mark Siegel, and Blake Gunderson, one of District Attorney Lisa Smittcamp's top assistants. Gunderson seemed intent on getting the plea agreement tossed out of court entirely. It was agreed to by a different prosecutor, and Gunderson mentioned several times that Dern did not approve of the deal.
Siegel countered by explaining that the deal was binding -- regardless of which prosecutor made it. Harper would face a maximum of 14 years in prison, and Siegel said that a plea term for half of the maximum sentence was normal in these circumstances.
He said he plans "to put the Fresno Fire Department on trial," which could damage the department.