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A man who was arrested in June for reportedly starting a wildfire in Gregory Canyon received a deferred judgement sentence Friday after pleading guilty to second-degree arson.
Elijah John Ybarra, 21, was initially charged with second-degree arson — between $2,000 and $5,000; and second-degree arson — between $1,000 to $2,000.
However, Ybarra pleaded guilty to second-degree arson — between $1,000 and $2,000 on Friday afternoon, according to court records. The other charge was dropped when Ybarra entered the guilty plea.
Ybarra received a one-year deferred sentence, which includes 20 hours of mandatory community service and restitution for the damage, according to Boulder County Assistant District Attorney Ken Kupfner.
Additionally, he is not allowed to have fireworks in his possession, Kupfner said.
“The Boulder County District Attorney’s Office understands the serious danger in arson cases after the massive destruction of the Marshall Fire,” said Kupfner. “It was only after careful consideration of the defendant’s age, lack of criminal history, and the amount of damage done that the district attorney’s office reached this resolution.”The Marshall Fire destroyed more than 1,000 homes in Superior and Louisville on Dec. 30, 2021.
A deferred judgement means that if Ybarra can complete the terms of his probation and not pick up any new cases during the year-long term, he will be able to withdraw the guilty plea, and the arson charge will be dismissed.
The wildfire was at 9:35 p.m. June 24, near Gregory Canyon at the base of Flagstaff Road, which was started by suspected fireworks, according to a release from the Boulder County Sheriff’s Office. Boulder Fire-Rescue crews were able to extinguish the spreading fire and limited the damage to an area of around 100 by 100 feet.
Ybarra was arrested at the scene. The base of Flagstaff Road was temporarily closed during the incident, according to the release.