Accused Arsonist in 1990 Painted Cave Fire Found Liable in Civil Court After Criminal Prosecution Was Not Pursued

In 2000, Santa Barbara County won a $2.75 million civil judgment against Leonard Ross, holding him liable for starting the catastrophic 1990 Painted Cave Fire. The ruling was significant because the District Attorney's office had previously declined to file criminal arson charges, unable to meet the high 'beyond a reasonable doubt' burden of proof. The case became a prominent example of using civil litigation to establish accountability for wildfires when criminal prosecution is not feasible.

On June 27, 1990, the Painted Cave Fire destroyed 427 homes and resulted in one fatality. Investigators quickly determined the cause was arson, but the case went unsolved for years. Santa Barbara County District Attorney Tom Sneddon ultimately decided against filing criminal charges against the primary suspect, Ross, citing a case that was too weak to prove in criminal court.

The legal battle began anew when Ross sued the county over its investigation, prompting the county to file a countersuit accusing him of starting the fire. In the civil trial, which requires a lower 'preponderance of the evidence' standard, a jury found Ross liable on a 9-3 vote. Key evidence included testimony from an ex-girlfriend who claimed Ross had confessed to her and another who alleged Ross had previously set fire to his motorcycle shop in 1978 for insurance money.

In late 2000, Judge Denise de Bellefeuille ordered Ross to pay the county $2.75 million in damages for losses, including destroyed county buildings and vehicles. Ross maintained his innocence but was unable to pay the full amount. In March 2006, his 40-acre property was sold at a sheriff's auction for $380,000 to partially satisfy the judgment.