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Comment by nusl

13 hours ago

Strange. The article says that he made the fire, called first responders, who put the fire out. The fire continued to smolder before reigniting in later winds.

If you cause a problem, report it, then the authorities responsible for dealing with those problems take care of it and go home, what does it mean?

Are the authorities then partially responsible for not ensuring the fire was put out properly before leaving the area?

Is he even guilty at all given that he filled his duty and reported the problem after unintentionally causing it?

This all hinges on the word 'unintentionally', which is not at all how the law sees it. Arson has a forty year maximum for a good reason, because fire tends to spread and cause a lot more damage than anyone predicted. You are not exonerated of responsibility just because emergency services showed up. You are, to a first approximation, responsible for all damage done.

To add to this, even the government isn't sure they can get the case that he intentionally / maliciously started the fire to stick which is why their official complaint is going for recklessness / negligence.

The case for malicious intent is extremely flimsy and based entirely on circumstantial evidence. The strongest piece of evidence they have for arson is that he threatened to burn down his sister's house but here's the thing, it would be extremely unusual for an arsonist to switch from targeted arson based on anger or revenge to thrill seeking arson setting unmotivated fires.

  • >it would be extremely unusual for an arsonist to switch from targeted arson based on anger or revenge to thrill seeking arson setting unmotivated fires

    This is all pet theories and silliness for purposes of discussion. I freely admit that I haven't built a case here that's strong enough to withstand even a gentle poking by an opponent.

    I don't know as much about arson but I did go through the same serial killer phase as every morose teen and one of the things that stuck with me is the way that some offenders escalate from simple peeping and stalking all the way up to murder. Another thing that stuck with me is how in some cases when there is an intended victim, esp for revenge, an obsessed mind will often hone in on a single characteristic of the intended victim then transfer victimhood to strangers based on that characteristic. The woman who "wronged" you is a skinny blonde who smokes cigarettes so you go out looking for skinny blondes who smoke cigarettes to victimize in her stead because in your unconscious brain that matches the pattern of behavior that would soothe the wounded entitlement of the offender. Given these facts about the nature of obsessive, vengeance-oriented crime and the fact that the serial killer/arsonist crossover is so common that arson is one of the mcdonald triad of behaviors common to serial killers there's a non-zero possibility that we're seeing a revenge fantasy transferred to another victim. There's also the fact that obsessed criminals tend to want to roleplay or practice and a lot of times their first "serious" crime is one of these roleplay/practice sessions getting out of control. This feels like that to me though I can't prove it. It's like he wanted to see what starting a fire would be like, assumed that the local VFD would get it under control and in doing so would also give him an idea of what the response looked like so he could optimize for escape, then either it got out of control or he tried to inject himself into the emergency response (another common thing among obsessed criminals, many like to relive the crime by being part of the investigation, like to tease investigators by being right under their nose or believe that by injecting themselves into the investigation they can steer it away from them).

    Again, does any of this hold up in a court of law? Of course not. Does it hold up in a court of a thread on a post on HN? Maybe, we're here to talk and I'm of a mind that we didn't do anything to fix w/e it was that made people serial killers but there aren't really any serial killers anymore so something must have happened to that behavior. Perhaps stranger arson is a way that the same drivers that led to serial murder before the ~~panopticon~~internet are driving new behaviors now. Intuitively I'm highly confident that the stranger spree killings we see now are driven by those same pressures in a lot of perpetrators and the change in MO is about taking advantage of lag time in law enforcement's ability to correlate facts. Before the internet you could drive a few hours' down the road and start using a new name and unless your old name was already in the system there was basically no way for anyone to know. Obsessed criminals could offend, disappear and wait it out. Nowadays we're really good at ID'ing an offender so obsessive murders have to be one and done, but another strategy could be crimes that are small enough that they don't trigger the kind of dragnet response that involves things like checking all the CCTV cameras in a ten mile circle around the crime and things like that.

    edit: everyone seems focused on the "serial killer phase" line that was really intended to be a throwaway. I just mean that I read a lot about them and thought it was shocking and cool to have a "favorite". Gross shit, but I assure you no one was ever in any amount of physical or psychic danger beyond declaring me a pizza cutter (all edge and no real point).

    • > I did go through the same serial killer phase as every morose teen

      I had unmedicated bipolar 1 as a teenager. If anyone was going to go through a serial killer phase I would have.

      Even as an adult I had some pretty bad episodes prior to being diagnosed early thirties. My brain went some pretty bad, dark places but it never went to serial killer.

      I can only hope that you're mistaken on what a serial killer actually is. Mass murderer and spree killing, depraved as they are, have motives that are recognizable by the average person. Serial killer is a special kind of insanity.

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    • > I did go through the same serial killer phase as every morose teen

      I’m sorry, what? As a former morose teen, I can assure you that a “serial killer phase” is not a universal experience

      3 replies →

  • Isn't lighting any fire in the woods during dry conditions inherently malicious?

    • A hot exhaust could cause a fire in the woods during dry conditions. Would you consider this malicious behavior if you idled your car to take a photo and something smoldered you didn't notice? Negligent perhaps, but malicious?

two things:

1) this whole case hinges on intentionality and the gov't intends to prove that he set the fire intentionally. part of the chatgpt history is images he generated of fires and people running from fires. If he intentionally set a fire in a wildfire-prone area it doesn't matter that he didn't intend it to be a wildfire or anything he did after he set the fire.

2) If you'd like to have emergency services that are either prohibitively expensive or simply nonexistent, one great way to do that is to make first responders responsible for not doing a good enough job in their responses. I'm honestly not sure what we'd do in cases of blatantly neglectful behavior by a first responder during an emergency response, but beyond intentional malpractice we generally extend an assumption of good faith to anyone who bothers to show up and help during an emergency like this. The first time I get sued for not putting a fire out fast enough or completely enough is the last time I put out a fire.

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  • Intent here will matter.

    If he's got a gun fetish and accidentally set it off, killing someone, that's different than shooting it at someone.

    He might have had a fire fetish, set one, extinguished it, and despite his intent it got out of control.

    Hard to say though. Either way, I can see a stiff penalty to prevent future use of the "oops I just like fire" defense.

    • That matters in terms of what sort of punishment you're looking at, but I don't think it matters as far as whether the hospital's failures absolve you.

      If you accidentally shoot somebody and then the hospital screws up and they die, should you be on the hook for manslaughter, or just negligent injury or whatever it would be called? I'd argue it should be the former. Death is a foreseeable consequence of your negligence even if it wasn't inevitable in this particular case. This seems similar to the eggshell skull rule. Wikipedia describes a case where a person was successfully prosecuted for murder after stabbing someone who then refused a blood transfusion and died as a result.

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I mean everyone sees this stuff differently. In my opinion everyone is allowed to carry a gun (above 18, not crazy, etc..). If you take a loaded gun and aim it at someones head and force them to empty a cash register into a bag, I personally believe that person should NEVER be allowed in society ever again in their lifetime. (Yeah that's not how it all works). But you were willing to let that person be within strands of their life not existing. If they reacted in the wrong way - not even intentionally, the gunman will shoot. If they try to fight back because they didn't agree to empty the cash register, the gunman shoots.

That's an extreme situation that the gunman put someone in. Imagine it being YOU. Now if you could be the LAST person that gunman ever put in that situation, would you allow them to go to jail forever? Because if that's the case, the number of people in that situation ever again goes from millions to a few thousand over the next 1000 years. And many of those people will REACT and die.

So when someone starts a fire, they were like the gunman. They were willing to let a lot of people die. Then realizing they were wrong, calling the cops, and having them put the fire out, that's the same as the situation as going into 7-11 and aiming the gun, but then putting it down and walking out. But they still risked someone else's life! What if they accidentally slipped their finger? Employee DEAD.

So it's really the same thing. All that being said, I do grant that the waters are muddied at this point with the legal system. The person still deserves to be separated from civil society. He is not CIVIL!

And even though the legal system's waters are muddied, his original actions resulted in 12 people dying. The firefighters that were incompetent are not originally responsible for those 12 deaths.

The reason I want maximum punishment is that it works, it does deter. In this legal system of course there's a 50/50 those 12 people will have died without being avenged at all (and their families - all that are affected), and a 90% chance (if he is found responsible) those 12 people will get this guy in jail for 10 years. And because of those chances, people decide, that fuck even if I'm caught, it seems like in the last 10 years there is a VERY low chance of punishment. Punishment is very important in this world and life. I'm not talking about capital punishment.

A lot of people disagree with all of this, I personally think they have suicidal empathy. They have no empathy to the thousands of people that died from other peoples intentional actions - actions those people KNEW they might end up killing. They have too much empathy for the attacker. It's massive victim blaming.

  • > The reason I want maximum punishment is that it works, it does deter

    People disagree with you not of opinion but because you are factually wrong.

    "Evidence shows lengthy prison terms do not have a significant deterrent effect on crime" https://ccla.org/criminal-justice/no-longer-prison-sentences...

    "Research Shows That Long Prison Sentences Don’t Actually Improve Safety" https://www.vera.org/news/research-shows-that-long-prison-se...

  • People aren't robots that think through every single decision. Arson happens frequently and nobody dies. Death is a rare consequence and the arsonist didn't intend to kill someone, it feels like an accident, not murder.

    This is how humans work. We work on probability and approximation. We often act based the consequences of our intentions, not the consequences of our actions.

    Someone that learns the consequences of their actions, regrets the harm they inflicted, and changes their behavior as a result, is not the same danger to society they were before. In fact society would be better off reintegrating them because they'll tell others not to do the same thing.

    I'm not exactly sure where to fit this in, but people change. A society that makes vengeance the only rule, where death is punished with death, regardless of a person's intentions, is an authoritarian nightmare.

    • You're thinking on an individual level. What happens at a societal level. Crime goes down!

      Also, an accident is if a party had fireworks and the fire got out of control. Arson is definitely not an accident if someone dies.

      Regarding "people change" argument. I'm not advocating for the death penalty. I'm advocating that we separate non-civil and civil society. If that takes the shape of the next Australia? Sure, then if someone changes, they're not in jail.

      I'm also not advocating for someone non-violently stealing bread to be separated from society. Those people can change.

      Someone that at one moment of their life decides that someone else's is worthless because they want the contents of a cash register? Remove them from civil society.