Esparto victims' families file $35 million claim. Yolo County, fire officials, fireworks firms named
Published in News & Features
SACRAMENTO, Calif. — The families of seven people killed in the July 1 fireworks explosion in Esparto have filed a $35 million claim against Yolo County, state fireworks regulators and several public officials, alleging widespread negligence that allowed an illegal and unsafe fireworks operation to continue.
The claim is a precursor to any civil suit the families may file in the weeks ahead and county officials, among others, have to deny the claim before a formal lawsuit can be filed. Attorneys for the families announced the filing Tuesday, which alleges state and local agencies failed to enforce safety laws and ignored known violations at the Esparto compound where the blast occurred.
The filing came as the six-month deadline to submit governmental claims approached. A representative for one of the four law firms representing the families said that the claim was served on Monday. It was not clear, however, if the claim represented the wishes of all seven families.
“These deaths were unnecessary had government officials performed their mandatory duties as required by law,” a statement from the families said. “These entities and individuals allowed fireworks to be stored at a facility which was not permitted and that was operating illegally.”
Yolo County officials declined to comment on the claim, which also names private individuals who operated businesses from the property on County Roads 23 and 86A.
Questions about government oversight have surrounded the Esparto explosion since it destroyed at least two warehouses containing fireworks, injured two other people and set off a 78-acre fire in the fields south of Esparto. Reporting by The Sacramento Bee and other outlets showed that Yolo County building officials, Cal Fire regulators and the local fire chief were aware fireworks were being stored at the site but did not ensure the operation met safety standards.
A Cal-OSHA investigation fined one of the companies operating at the site, Devastating Pyrotechnics, $221,000 this month for multiple safety violations. A separate civil lawsuit against the company was filed in July by a neighboring farm.
The families’ claim names several public entities, including the Office of the State Fire Marshal, the Cal Fire division that issues state fireworks licenses and is investigating the blast; Yolo County, responsible for building permits and code enforcement; the Yolo County Sheriff’s Office, whose employees Lt. Sam Machado and Tammy Machado owned the property where fireworks were stored; and the Esparto Fire Protection District, which the claim said should have conducted safety inspections.
The claim specifically names Yolo County building official Scott Doolittle, Yolo County hazmat supervisor Moustumi Hasan and former sheriff’s deputy Reiko Matsumura, who owned a neighboring property where more fireworks were stored and recently retiring from her post after not returning to work following the blast.
The claim also names Kenneth Chee, the Bay Area optician who is CEO of Devastating Pyrotechinics; Gary Chan, who obtained the federal fireworks license on behalf of Devastating, and Craig Cutright, a former Esparto volunteer firefighter and the owner of BlackStar Fireworks — another company that had splintered from Devastating but remained at the same compound owned by the Machados.
“The families seek the truth for what occurred and want any investigation reports prepared to be truthful and accurate and explain why this unsafe explosive factory was allowed to operate without any oversight,” the families said in their statement.
No criminal charges have been filed in connection with the explosion as investigations by the Yolo County District Attorney’s Office and the state fire marshal were considered ongoing.
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(The Bee’s Joe Rubin and Jake Goodrick contributed to this story.)
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