Hanna is back up, arguing PG&E could have easily found and removed the damaged tree.

He's pointing to evidence from the 7-day prelim that the lean of the tree warranted a more thorough inspection.

"All the gray pines in the forest lean," Kravis says.

(FWIW: I have talked to some utility tree inspectors who believe that every gray pine close enough to strike power lines ought to be removed.)

We're done. Judge says to expect his written ruling before the end of the week.

#ZoggFire
#PGEManslaughterTrial #PGEManslaughterHearing #PGE #Shasta #ABC10 #crime #wildfires #utilities

The judge says he sees room for an argument that PG&E failed to provide "continuum of care" between inspections and doing the work of cutting trees.

Kravis keeps pointing back to the question of whether the inspections complied with the ISA manual.

The judge seems skeptical that he should interpret the case so narrowly that it hinges on whether PG&E followed a manual.

#ZoggFire
#PGEManslaughterTrial #PGEManslaughterHearing #PGE #Shasta #ABC10 #crime #wildfires #utilities

PG&E attorney Kravis gets to rebut:

"The question is whether PG&E's actions fell below an applicable standard of conduct."

He says if he DA wants to hold them to the standard of 360-degree inspections of trees, they needed to bring evidence that 360-degree inspections are the applicable standard. He's reiterating PG&E's position that the ISA Utility manual *is* the legal standard-- and if the company followed it, then it cannot be found criminally reckless.

The judge has read written arguments and the preliminary hearing transcripts.

Judge Flynn interjects, saying there are inferences to be made that PG&E acted recklessly based on the record he reviewed. For instance, the lean of the tree should have triggered a deeper, 360-degree inspection.

#ZoggFire #PGEManslaughterTrial #PGEManslaughterHearing #PGE #Shasta #ABC10 #crime #wildfires #utilities

Hanna is trying to convince the judge that PG&E's inactions in starting the #ZoggFire can be viewed as an action-- one of the reasons the judge was leaning against upholding the misdemeanors.

Judge Flynn doesn't seem sold, but he's hearing Hanna draw an analogy to someone starting a fire with a lit cigarette.

#PGEManslaughterTrial #PGEManslaughterHearing #PGE #Shasta #ABC10 #crime #wildfires #utilities

Hanna calls PG&E's arguments about industry standards a "red herring."

PG&E's obligation is to remove trees at risk of striking power lines, he says.

He points out PG&E knew that people in this area only had one way out-- that the danger of death was higher if PG&E didn't do the necessary safety work.

A reasonable person would have done better inspections and make sure the tree was removed, he adds.

(What a "reasonable person" would do is part of the criminal negligence standard, which the jury would consider if and when the #ZoggFire case goes to trial.)

Hanna switches gears to argue in favor of upholding the 2 misdemeanor charges (counts 9&10.)

#PGEManslaughterTrial #PGEManslaughterHearing #PGE #Shasta #ABC10 #crime #wildfires #utilities

Ben Hanna opens up by arguing that the standard isn't the ISA Utility manual-- it's the legal standard of reckless, criminally negligent behavior in the alleged #ZoggFire crimes.

"It was very obvious that this tree should have been removed," Hanna says. "Multiple inspections took place and the tree was not removed."

He says it happened because the defendant (PG&E) instructed its crews not to do 360-degree walkaround inspections of trees that could strike power lines.

(The gaping wound was on the uphill side, which wasn't visible if you looked up at it from the power lines. But it was leaning toward the lines, another reason the DA argues PG&E should have looked at it more closely.)

#PGEManslaughterTrial #PGEManslaughterHearing #PGE #Shasta #ABC10 #crime #wildfires #utilities

Kravis is pointing to testimony from the #ZoggFire preliminary hearing where witnesses pointed to the manual (the ISA Utility manual) as *the* standard for doing tree work along power lines.

The DA team isn't up yet in court, but has pointed out in papers that there's no legal authority behind that manual.

Kravis says PG&E's contractors acted in good faith-- the defense argument is that the DA is trying to prosecute the company over "judgement calls."

DA team is about to speak.

#PGEManslaughterTrial #PGEManslaughterHearing #PGE #Shasta #ABC10 #crime #wildfires #utilities

Kravis is citing case law from other fire-related cases which drew a line at the "standard" of conduct.

He points to an arborist association manual introduced at the prelim, arguing that it *is* the standard in this case.

If PG&E followed the standard, then as a matter of law PG&E wasn't criminally negligent for starting the #ZoggFire, Kravis argues.

The DA contends PG&E identified and then ignored an obvious major wound that made the tree a threat to strike power lines and start a fire.

(It's worth noting PG&E's federal probation judge already found the company committed violations by starting this fire.)

#PGEManslaughterTrial #PGEManslaughterHearing #PGE #Shasta #ABC10 #crime #wildfires #utilities

The judge says he tentatively is prepared to toss out charges 9 & 10, two fire-related misdemeanors from the #ZoggFire, but on charges 1-8.

PG&E attorney Jonathan Kravis is up now, arguing for the judge to toss out charges 1-8 (misdemeanor, reckless arson, etc.)

In so many words, Kravis is arguing that if PG&E complied with standards, then that shows the company wasn't reckless.

Reckless behavior is a component of the involuntary manslaughter charge and the fire/arson charges.

#PGEManslaughterTrial #PGEManslaughterHearing #PGE #Shasta #ABC10 #crime #wildfires #utilities

Judge Flynn calls the PG&E case.

The judge has read written arguments from both sides and has read through the seven days of transcripts from the preliminary hearing.

The judge says he tentatively believes that there is sufficient evidence to bind PG&E over for trial on counts 1-8, which includes the manslaughter charges.

On count 9, another fire-related charge, the judge says he may want to hear more. Judge Flynn says the statute for that charge appears based on an *action* that causes a fire, not *inaction* that causes a fire-- which is what prosecutors allege in the #ZoggFire.

#PGEManslaughterTrial #PGEManslaughterHearing #PGE #Shasta #ABC10 #crime #wildfires #utilities

Judge Daniel Flynn is in the jailhouse courtroom. He's handling other cases before starting the PG&E hearing.

This courtroom is busy. It's not uncommon for PG&E to be in court at the same time other defendants appear in handcuffs.

Unlike human defendants, the corporation cannot be put in jail or prison.

PG&E's prior 91 felonies (San Bruno, Paradise) were punishable by 120 years in prison. But the company paid fines instead.

#PGEManslaughterTrial #PGEManslaughterHearing #ZoggFire #PGE #Shasta #ABC10 #crime #wildfires #utilities

These are the four people who died in the fire. Feyla McLeod, the youngest, was 8.

She burned to death with her mom Alaina in a pickup truck, trying to escape their home during the September 2020 #ZoggFire.

Karin King also died trying to run. She got separated from her husband, who was driving a separate car.

Ken Vossen suffered major burns near his home. He died at the UC Davis burn unit from his wounds.

#PGEManslaughterTrial #PGEManslaughterHearing #PGE #Shasta #ABC10 #crime #wildfires #utilities

I’m in #shasta county criminal court for People vs. PG&E.

The company faces 4 felony manslaughter counts, felony reckless arson, and other criminal charges for starting the 2020 #ZoggFire.

Trial is set for June 6, but #PGE is trying (again) to get the case tossed out.

#pge #PGEManslaughterTrial #PGEManslaughterHearing #ABC10 #crime #wildfires #utilities

PG&E has a court date coming up next month on four felony manslaughter charges for starting the 2020 #ZoggFire.

It's a crime #PGE has committed before.

What goes into convicting a company of negligent manslaughter?

If you haven't yet, make 15 minutes to watch "Secrets of the Camp Fire, Revealed" from #ABC10's award-winning #FirePowerMoney project. 👇

#California #PGEManslaughterHearing #PGEManslaughterTrial #Utilities #wildfire

🎥 WATCH: https://youtu.be/DoBZNey_qNU

NEW: PG&E has filed a motion to dismiss the manslaughter case against it for the 2020 #ZoggFire. The motion may face long odds, but might lead to delays.

We break down what you need to know... and reaction from family members of those killed: “They did not have the option to plea or have an appeal for their lives."

#PGEManslaughterHearing #PGEManslaughterTrial #FirePowerMoney #wildfire #utilities #California #crime #ShastaCounty

https://www.abc10.com/article/news/local/wildfire/pge-attempts-dismiss-manslaughter-case/103-b2575aa6-ec51-4dfd-965d-37692786a4ef