State v. Nastoff

862 P.2d 1089 (1993)

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Nature of the Case

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Facts

Nastoff (D) and two associates had been woodcutting in a forest area. A fire had been started, and a chainsaw was found approximately 20 yards from the asserted origin of the fire. The saw had been pushed and run over by a bulldozer before the bulldozer operator spotted it. The spark arrester on the chainsaw had been removed, and holes had been punched in the muffler cover. These modifications were illegal. D admitted to owning the saw and that he had operated it. The State argued that the operation of the saw emitted carbon which had smoldered for two days before igniting the fire. D admitted to knowledge of the modifications that he claimed that they were made before he acquired it. The State did not contend that D intended to start the fire. The statute called for guilt for the malicious starting of a fire. D was convicted, and D appealed contending there was no evidence that D intended to burn timber.