Part 2 of 5 - Underneath every simple, obvious story about human error, there is a deeper, more -B
Part 2 of 5 - Underneath every simple, obvious story about ‘human error,’ there is a deeper, more complex story - a story about the system in which people work. Will these formerly unrevealed public records change the account of what occurred on June 30, 2013? - B
"For we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places." (Ephesians 6:12 - KJV)
Views expressed to "the public at large” and "of public concern"
DISCLAIMER: Please fully read the front page of the website (link below) before reading any of the posts ( www.yarnellhillfirerevelations.com )
The authors and the blog are not responsible for misuse, reuse, recycled and cited and/or uncited copies of content within this blog by others. The content even though we are presenting it public if being reused must get written permission in doing so due to copyrighted material. Our sincerest apologies for the delays. These posts were due out in August 2019 yet we had WIX.com website research a matter, and we are now finally able to rebuild the pages and make them "live." This extensive post may offend some due to the time of the year, however, we must stay the course to release information because more is yet to come out in future posts. To avoid such offense to some, please avoid further reading the posts until you find a proper reflective time for yourself. I did ask many people who were affected by this tragic Yarnell Hill Fire event and they said it was okay to post it this weekend. I know some people would not want any of this out at any time, yet I also know too many for "mental health" reasons need this out ASAP. Again - please avoid reading any further if you are unable to handle "sensitive material." Thank you.
'The restrictions on testimony by employees of USDA, for the issuance of subpoena regulations and on the production by such employees of official records in their custody based is on the primary case authority of United States ex. rel. Touhy v. Ragen, 340 U.S. 462, 95 L. Ed. 417 (1951). In Touhy, the United States Supreme Court held that an agency has the authority to restrict, by regulations, the testimony of its employees, and that a Federal employee may not be compelled to obey a subpoena contrary to supervisor's instructions issued pursuant to valid agency regulations.'
The following USDA Memorandum of Law letter excerpt is particularly harsh: "In any case in which an employee of the Department of Agriculture is denied authority by the head of the employing agency to appear in response to a subpoena, the employee is prohibited, under penalty of disciplinary action, from testifying or producing records. See § 1.218 of the regulations." (emphasis added)
In other words, NO USDA USFS employees were ever allowed to be interviewed or questioned by the SAIT or the ADOSH Investigators due to these regulations. And many otherwise "Public Records" were ever provided to the SAIT or the ADOSH Investigators as well. However, BLM employees were allowed to be interviewed, such as DIVS Z Rance Marquez, Dan Philbin (DIVS), Paul Lenmark (Air Attack - AA), and Rusty Warbis (AA).
As noted in the USDA letter "A particularly thorough discussion of these principles, dealing with cases in which the United States is not a party, is found in Exxon Shipping v. Dept. of Interior, 34 F.3d 774; Boron Oil Co. v. Downie, 873 F.2d 67 (4th Cir. 1989)" and the link for this case is here. (emphasis added)
What follows in the next three paragraphs is a noteworthy Federal Lawyer (March 2013) article titled "Sixty Years of Touhy" that further brings both Touhy and the Federal Housekeeping Statute into view and clarification as key to why they were not allowed by the USFS to be interviewed by with investigation team.
( http://www.fedbar.org/Resources_1/Federal-Lawyer-Magazine/2013/March/Features/Sixty-Years-of-iTouhyi.aspx?FT=.pdf )
"This article explores 60 years of Touhy by first describing the legal background that led to Touhy. In the second section it relates the essentials of Touhy and its practical effects in subsequent administrative regulations and lawsuits. The third section describes the 1958 congressional legislative response to Touhy, and the very limited results of that legislation. The fourth section outlines how the majority of federal courts have looked to the U.S. Code for jurisdictional and statutory guidance on the boundaries of the “housekeeping privilege,” which is based entirely on legislative acts dating back to 1789. The fifth section describes the U.S. Court of Appeals for the Ninth and District of Columbia (D.C.) Circuits decisions and a few academic articles which have assumed that federal judges must have the power to finally determine all questions of privilege, and have therefore insisted on judicial means for enforcement of subpoenas, despite Touhy. (emphasis added)
"The concluding section argues the point that judges are not endowed by the U.S. Constitution or the U.S. Code with the authority to independently and finally determine all questions of privilege, regardless of circumstances. At present, the U.S. Code empowers the heads of federal agencies to make initial determinations regarding the release of agency records and subjects those determinations to judicial review under circumstances and standards defined by the same code. (emphasis added)
"Unless the determinations of privilege violate a statutory or constitutional standard, federal judges do not have inherent authority to overrule lawful executive branch or congressional determinations of privilege. Section VI argues that generalized notions of judicial supremacy should not be substituted for express statutory authority to determine privilege." (emphasis added)
These Touhy and Federal Housekeeping subjects are addressed in depth in the above paper as well in the recent June 19, 2019, YHF Revelations post (below) titled: "Why was it that the SAIT and ADOSH investigators were able to interview BLM employees but unable to interview U.S. Forest Service employees to obtain critical Yarnell Hill Fire Human Factors information?" ( https://www.yarnellhillfirerevelations.com/single-post/2019/06/13/Why-was-it-that-the-SAIT-and-ADOSH-investigators-were-able-to-interview-BLM-employees-but-unable-to-interview-US-Forest-Service-employees-to-obtain-critical-Yarnell-Hill-Fire-Human-Factors-information )
Consider now a brief (three images) discussion and exposure of the disparate treatment provided by the USFS regarding the Aerial Firefighting Utilization and Effectiveness (AFUE) study Public Records records on the June 30, 2013, YH Fire.
Figure 38. PDF JPEG image of a brief history (right) of the Aerial Firefighting Utilization and Effectiveness (AFUE) study records on the June 30, 2013, YH Fire, including a retired Hot Shot Supt. FOIA Requests for the June 30, 2013, YH Fire AFUE records contained within a 3-ring binder. Involved Agency colleagues turned Quisling and betrayed him by lying in his subsequent coached and coerced Declaration (below). A June 16, 2016, USFS Southwestern Region letter (left) to Joy A. Collura regarding her detailed April 2015 FOIA Request for the June 30, 2013, YH Fire AFUE records specifically contained within a "3-ring binder" Source: Joy A. Collura FOIA Request (2016-FS-R3-04243-F)
The left USFS document image is a PDF JPEG image of my USFS FOIA Request for the AFUE records, including reference to a 3-ring binder. A brief history (right text) of the Aerial Firefighting Utilization and Effectiveness (AFUE) study records on the June 30, 2013, YH Fire, is in order in more detail here as follows: (1) On July 1, 2013, an AFUE Team Leader gave a 'hard drive' of the June 30, 2013, YH Fire AFUE recordings to a 'SAIT team member;' (2) how the USFS then admitted to ABC News Investigative Reporter James Meeks, learned of an AFUE Study Group in Yarnell on June 30, 2013, ‘recording data’ and filed numerous FOIA Requests; (3) the Collura AFUE FOIA Request was partially fulfilled with some key revealing records having probative value; (4) while other FOIA Requesters were denied and told there were "no records responsive to your request;" (5) I filed a USFS (April 2015) FOIA Request for the June 30, 2013, YH Fire AFUE records specifically requesting those contained within a "3-ring binder;" and (6) a former USFS Hot Shot Supt. also filed an AFUE FOIA Request (YH Fire) based on a fellow USFS Hot Shot Supt. colleague telling him that he possessed the 'AFUE record transcripts in a 3-ring binder.'
The first former USFS Hot Shot Supt. eventually filed a Federal lawsuit in the link that immediately follows ( http://foiaproject.org/case_detail/?title=on&style=foia&case_id=30561 ) for the USFS failure to release the June 30, 2013, YH Fire AFUE records. The second former USFS Hot Shot Supt. that initially had the 3-ring binder transcripts, repeatedly verbally assured the lawsuit attorneys that he was willing to testify in court if needed to get the truth out; and he did so in a verbal Declaration on the AFUE 3-ring binder issue. Eventually, the USFS pressured him enough to submit a written Declaration for the USFS, countering his previous verbal Declaration (see below in Figure 38 b. ). By this time, he had then clearly folded on his earlier AFUE stance. Therefore, the alleged Hot Shot "Brother" turned Quisling, betraying him. See the following link for the genesis of the term Quisling. ( https://www.britannica.com/biography/Vidkun-Abraham-Lauritz-Jonsson-Quisling )
Consider now the progression of USFS Hot Shot Supt. Whitney's willing to waffling stance on the YH Fire AFUE 3-ring binder Public Record containing crucial transcripts of recorded documentation concerning the GMHS and DIVS A Marsh. It all begins with a Paralegal's memo dated December 8, 2016, regarding Whitney's positive approach to revealing these important Public records, to an undated and unsigned draft affidavit with similar intentions, to him ultimately succumbing to Agency coersion and presuure, ultimately changing his stance, utilizing his illogical written gymnastics in this now sudden declaration in September 2017, while on a fire assignment in Northern California, as noted in Figures 38a. to 38c.
Figure 38a. Dean Whitney memo by Udall-Shumway paralegal dated December 8, 2016, indicated Whitney's "immediately began collecting" YH Fire documenttion; because "things [tragedy documents] tend to disappear;" the importance of this particular record (i.e. DIVS A Marsh's insistence on Air Support every five minutes, and this record "was the missing piece in everybody's timeline.") Source: Udall-Shumway, Schoeffler
Figure 38b. DRAFT USFS Dean Whitney Affidavit (unsigned) based on Whitney's verbal declaration of good intentions to move forward on his willingness to testify in open court and to be subpoenaed for a deposition regarding Schoeffler's USFS AFUE FOIA lawsuit. Source: Udall-Shumway Gardner, Schoeffler
Schoeffler contends that the Hot Shot "Brother" Whitney turned Quisling by retracting and lying on his revised, pressured Declaration. He was then dutifully "rewarded" with a promotion to a managerial position in Fire Management and transferred to the USFS Northern Region, a long-established maneuver by the USFS to show their gratitude for a job well-done, (i.e. lying in his coerced revised, written declaration). I had filed a similar AFUE FOIA Request in April 2015, specifically asking for a "3-ring binder' of the YH Fire, June 30, 2013, AFUE records.
Figure 38c. USFS Dean Whitney coached and coerced Declaration (filed Sept. 21, 2017) based on Whitney's previous verbal declaration of good intentions to testify in open court and subpoenaed for a deposition regarding Schoeffler's USFS AFUE FOIA lawsuit (Schoeffler vs. USDA CIV-17-00055-PHX-GMS; DOC 31-1; Defendent's Exhibit; pages 9 and 10 of 22 pages). Whitney Declaration was signed on September 20, 2017, in Ft. Jones, CA while on a fire assignment and filed with US Dept. of Justice Attorney's Office on Sept. 21, 2017. Source: USDOJ USA, Udall-Shumway Gardner, Schoeffler
The former USFS Hot Shot Supt. Schoeffler's original USFS AFUE FOIA lawsuit for the June 30, 2013, YH Fire AFUE records (January 6, 2017) is included and referenced below in the Courthouse News links here:
( https://www.courthousenews.com/wp-content/uploads/2017/01/Yarnell.pdf ) and ( https://www.courthousenews.com/firefighter-demands-info-on-yarnell-hill-fire-disaster/ )
The YH Fire AFUE transcripts contained within the requested 3-ring binder are crucial because they provide significant clues to the GMHS hike from their Safety Zone down into the Deployment Zone as the fire progressed. The GMHS were hiking downhill (from above) within a deadly bowl, from their descent point (Part 1 of 5 - Figure 25 - below) into aggressively increasing fire behavior from below, (1) without posting a lookout; (2) without DIVS A notifying his supervisor (OPS) of this major tactical move after being told by OPS to "hunker and be safe;" and all this (3) without notifying Air Attack of their intentions, changing location(s), and /or their action(s). It is posted below.
YHFR Formerly Unrevealed post Part 1 of 5 - Figure 25. Brian Lauber June 30, 2013, 1629 (4:29 PM) photo with Google Earth overlay indicating GMHS location(s), movements, and specific areas of importance (e.g. midslope road, descent point, deployment zone, and BSR) Source: Lauber, WTKTT, Google Earth
We use the phrase "Safety Zone" in our posts only because it is mentioned so often as such in the SAIT-SAIR. Per the NWCG Incident Response Pocket Guide (IRPG) in the link below, a Safety Zone is defined on page 23 as an area that is "Survivable without a fire shelter." (emphasis added) It would be more accurate to refer to it as a Deployment Zone (also referenced in the IRPG), where the alleged GMHS "lookout" McDonough considered deploying his fire shelter near the Old Grader site. Many times it is also referred to as a Deployment / Fatality Site and throughout this post and this website / blog. ( https://www.nwcg.gov/sites/default/files/publications/pms461.pdf )
According to Schoeffler, the Quisling Hot Shot "Brother" that initially broached the AFUE transcripts and a 3-ring binder, told him that the AFUE transcripts contained some fairly incriminatory evidence of the GMHS plan to hike to their Deployment / Fatality Site: "at about 1600 (4:00 PM) Marsh called Air Attack (AA) every five minutes or so persistently and insistently requesting 'Air Support on our egress.'"
This need for "air support on our egress" assertion by GMHS / DIVS A Marsh is a key part of the continuing conversation between GMHS / DIVS A Marsh and the AA (referred to as ASM2 below) in the SAIT-SAIR on page 27: "At 1637, ASM2 flies a drop path for a VLAT north of Yarnell west to east and apparently over DIVS A, turning northward .... DIVS A, seeing the flight, calls and calmly says, “[ASM2], Division Alpha, That’s exactly what we’re looking for. That’s where we want the retardant.” ASM2 again circles the south end of the fire above Yarnell to line up a final flight path for a tanker drop." (SAIT-SAIR) (emphasis added)
It is a permissible inference that the FOIA Requests for the June 30, 2013, YH Fire AFUE Records seeking the AFUE records (audio and / or transcripts) are a continuation of the SAIT-SAIR A/G radio transmission quoted above.
Is this one of the SAIT-SAIR "we will never know" reasons the USFS failed to provide the requested YH Fire AFUE 3-ring binder to any of us FOIA Requesters? Or is it because of this SAIT-SAIR documented incriminating statement by the Quisling Hot Shot "Brother" bolstering the June 20, 2013, 1637 (4:37 PM) Air-to-Ground radio transmissions between DIVS A Marsh and the AA / ASM2 contained within the SAIT-SAIR and posted above?
I want you all to be aware that I never knew that the retired USFS Hot Shot Supt. Schoeffler had filed a FOIA Request for the AFUE records or the 3-ring binder until I heard it on the local television in the beginning of 2017. Once I heard the newscasters talking about the retired Hot Shot Supt. it reminded me that back in the Springtime of 2016, when I talked with a retired Municipal Hybrid Battalion Chief. However, I am unwilling to reveal how I first became aware of the AFUE / 3-ring binder.
I will tell you this - I have known about this since January 2015, when I received this "gift of knowledge" from someone high up, after he saw how I was falsely accused and disparaged by those wanting to hide the truth about the YH Fire, unethically using their authoritarian power. However, my faith in God is much more powerful than anything they had.
However, the YH Fire AFUE 3-ring binder factualy still exists in the hands of the former SW Region District USFS Fire Management Officer (DFMO) Marvin - recently transferred to the Northern Region - that originally seized it from the USFS former Hot Shot Quisling in 2015 when he said he was basically 'threatened' by his DFMO to 'never collect any more information about the GMHS ever again.' This USFS employee was also rewarded with a promotion and transfer to the Northern Region, a long-established USFS maneuver to show their gratitude to compliant, sycophant employees for a job well-done betraying their fellow employees.
Before examining the following USFS and USDA Office of General Counsel (OGC) email threads and direction, it is worth reconsidering the previously addressed 18 USC Criminal Codes (below) regarding the June 30, 2013, AFUE Government records contained within a 3-ring binder, posted above in this post, and discussed beneath Part 1 of 5 Figures 9 and 10. These would clearly apply to Government employee(s) sworn to uphold the Constitution of the United States and the laws thereof, that would engage in the illegal acts to purloin, conceal, and destroy them:
Several of these seem to be very clear violations of 18 U.S.C. § 641 (taking of a public record or document is prohibited), 18 U.S.C. § 1361 (destruction of such records prohibited), 18 U.S.C. § 1663 (Protection Of Government Property - Protection Of Public Records And Documents), and 18 U.S.C. § 2071 (essentially three types of conduct are prohibited by 2071) (DOJ link above) according to the U.S. Dept. of Justice (DOJ), as well as a clear-cut violation of our First Amendment rights to seek redress.
Bear in mind that the Federal offense of 18 U.S. Code § 371
( law.cornell.edu/uscode/text/18/371 ) (Conspiracy to commit offense or to defraud United States) as well, whereby "two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy" ... and, of course: 18 U.S. Code § 1001. (Statements or entries generally ... whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully — (1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact; (2) makes any materially false, fictitious, or fraudulent statement or representation; or (3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry ...)"
Federal Conspiracy Law: A Brief Overview by Charles Doyle, Senior Specialist in American Public Law (January 20, 2016) ( https://fas.org/sgp/crs/misc/R41223.pdf )
What follows are the fruits of my FOIA Requests for the June 28-30, 2013, YH Fire in the form of several revealing email threads from the high level USFS Fire and Aviation Management (FAM) personnel and USDA Office of General Counsel (OGC) personnel email threads. The USDA OGC attorney email acknowledges possession of the requested AFUE records and surely reveals that he understands their significance when he tells the USFS FAM to "make sure nothing happens to those tapes ... and please have some copies carefully made for preservation purposes." (emphasis added)
Figure 39. Two PDF JPEG images of an August 20, 2013, email thread from USDA USFS Fire Directors to USDA Office of General Counsel (OGC) attorneys regarding the requested AFUE records, admitting that George Vargas has the records. Source: Joy A Collura (2016-FS-R3-04243-F)
This August 20, 2013, email is a critical one because it contains information from the USFS Deputy Fire Director Bob Baird to USFS Fire Director Tom Harbour, and George Vargas of the Office of Regulatory and Management Services (ORMS) and numerous Office of General Counsel (OGC) employees that the AFUE audio and video records DO IN FACT EXIST. "Benny, George Vargas has custody of the disc with the video/audio files for the WO. He is cced." (emphasis added) Let me further emphasize that in all caps. BENNY, GEORGE VARGAS HAS CUSTODY OF THE DISC WITH THE VIDEO / AUDIO FILES FOR THE WO. HE IS CC'ED. (EMPHASIS ADDED)
Robert Baird, the Deputy Fire Director at the time and is now the USFS Pacific Southwest Region 5 Regional Forester. It looks like the Marine Corps left a different 'Brotherhood' lasting impression on him. Tom Harbour has since retired from the USFS and works with the Intl. Assoc. of Wildland Fire (IAWF), the National Fallen Firefighters Foundation (NFFF) "in work to reduce line of duty death, accident, and injury" and the Cornea Corporation. Cornea provides "Information Technology and Services offering Emergency Management including wildland fire - better information, better decisions." I am a proud member of the IAWF enrolled in their Mentor / Mentee program.
Here is a link (below) for Tom Harbour's Exit Interviews Parts 1-3 link from Wildfire Today, so listen to what he has to say about covering things up on investigations. ( https://wildfiretoday.com/2015/12/17/tom-harbour-exit-interview-part-1/ ) Since retiring, Tom started a small business Harbor Fire ( http://www.harbourfire.com/ ). You can't help but like the man but I sure question some of his integrity on the YH Fire and GMHS facts and records.
The custodian of the AFUE records, George Vargas, works for the Office of Regulatory and Management Services (ORMS) which is located in the Business Operations Deputy Area. ORMS has responsibility Controlled Correspondence, Correspondence Policy, Data Quality, Directives and Regulation, Forms, Reports, FOIA, Privacy Act, Information Collections, and Record Management.
Figure 40. PDF JPEG image of an email thread (8/19-20/13) OGC attorneys & USDA USFS Directors “make sure nothing happens to those [AFUE] tapes … have some copies carefully made …” Source: Joy A Collura FOIA Request (2016-FS-R3-04243-F)
Email thread from August 19-20, 2013, between USDA OGC attorney L. Benjamin Young, Jr. and USDA USFS Director Tom Harbour with AFUE direction to “make sure nothing happens to those [AFUE] tapes … have some copies carefully made for preservation purposes." (emphasis added) Clearly, the OGC attorney understands the importance of the AFUE records ("make sure nothing happens to those tapes") and the need to be mindful in securing them ("copies carefully made for preservation purposes").
Figure 41. PDF JPEG image of WFSTAR Weather Channel YH Fire video with Britt Rosso, Center Manager of the Wildland Fire Lessons Learned Center (LLC) talking about the importance of talking about, discussing, and sharing about the YH Fire in order to heal and learn together. Source: WLFLLC and YouTube and Weather Channel ( https://youtu.be/C65FcpAi_-4 )
Please notice the discrepancy and hypocrisy of the messages between the March 2014 Weather Channel video encouraging YH Fire discussions (quoted immediately below) compared to the USDA OGC and USFS FAM cautionary and warning emails and guidance letters to not have those discussions in the PDF JPEG images of the email threads below. Which one was it? Which one of these were the USFS WFs to follow?
"I am here today to talk to you about the Yarnell Fire ... we are all struggling with how to process what happened on June 30th, 2013. Know we're all struggling out in the fire community about where the lessons, what are the take-home messages, what can we learn from this incident. What I want to share with you is how important it is to talk about it; not only to talk about it but to let you know that it's okay to talk about it and it's important that you do talk about it. Share what you've learned by reading the reports, by watching the videos and have an open, honest, respectful dialogue. Be willing to listen to other's opinions and have that respectful dialogue with your fellow firefighters by having this dialogue, by facilitating these conversations about Yarnell. This is where the learning's going to happen, is with you and your brothers and sisters out there in the field.This is the 20th anniversary of South Canyon and we're still learning fromSouth Canyon 20 years later. Yarnell just happened eight months ago. We'll be learning about the Yarnell Incident for years to come. Time and patience are going to be key for learning from this incident, so I ask you to just take the time and be patient and work through this together." Britt Rosso - former NPS Arrowhead Hot Shot Supt. and retired NARTC Director
It's pretty clear to me, and I would hope to most WFs and FFs engaged in wildland firefighting, what Mr. Rosso is sincerely endorsing and
whole-heartedly encouraging us to do. However, the USFS and USDA OGC advice email threads contradict what Mr. Rosso is saying.
Figure 42. PDF JPEG image of USFS Southwestern Region Guidance letter (right - August 19, 2013) and (left - August 16, 2013) USFS and USDA Office of General Counsel (OGC) email thread regarding "Refrain from discussing the Yarnell Fire with any third parties until cleared to do so" Source: Joy A. Collura FOIA Request
(In)consistent ... ? USFS Southwestern Region Guidance letter (right - August 19, 2013) and USFS and USDA Office of General Counsel (OGC) (left - August 16, 2013) "Refrain from discussing the Yarnell Fire with any third parties until cleared to do so." (emphasis added) So then, which one is the one for USFS WFs to adhere to as counsel? Follow the USFS Agency Guidelines and "specific procedures" provided to their employees? Or is it the "Refrain from discussing the Yarnell Fire with any third parties until cleared to do so" in a more authoritative advisory tone?
Figure 43. PDF JPEG image of a USFS Regional email thread (left) from Fire Operations Director Bill VanBruggen and Assistant Fire Operations Director Richard Nieto, Subject: A message from the Fire Director - Yarnell contacts, to Tonto NF Fire Personnel with cc: to Type 1 IC Clay Templin and numerous other FMOs and Fire & Aviation Management (FAM) personnel, regarding the OGC (March 4, 2014) direction: "We have had the advice from OGC for our employees to NOT comment on the incident itself so please heed that" while referring to the February 22, 2016, USFS Southwestern Region letter (right) to all Forest Supervisors, subject: "[USFS SW Area Employee] Guidance and Resource Information on Requests Related to the Yarnell Hill Fire" Source: Joy A. Collura FOIA Request
This is an informative USFS Southwestern Region email thread (left) from Fire Operations Director Bill VanBruggen and Assistant Fire Operations Director Richard Nieto regarding: Subject: A message from the Fire Director - Yarnell contacts, to Tonto NF Fire Personnel with cc: to Type 1 IC Clay Templin and numerous other FMOs and FAM personnel, regarding the OGC (March 4, 2014) direction: "We have had the advice from OGC for our employees to NOT comment on the incident itself so please heed that" while referring to the February 22, 2016, USFS Southwestern Region letter (right) to all Forest Supervisors, subject: "[USFS SW Area Employee] Guidance and Resource Information on Requests Related to the Yarnell Hill Fire" (emphasis added)
The email thread in Figure 42 above (left) subject is: "A message from the Fire Director - Yarnell contacts." Noteworthy: "See the highlighted sentence below on the WO direction regarding personal contacts and requests to lobby for action s [sic] related to Yarnell." The initials "HG" are in the lower left corner of the email, are likely the USFS SW Area Tonto NF (Acting or Assistant Fire Staff). (all emphasis added)
In another portion of the email thread from Nieto to several Region 3 HS Supts., is the following: "Please share as appropriate, as this was a follow up from the WO/FAM [Washington Office / Fire & Aviation Management] in reference to a email [sic] request from the mother of a member of the Granite Mountain crew requesting information from the IHC nationally.." (emphasis added)
"On separate note it's our intention regionally to have a follow up conference call with our USFS sponsored IHC crews [sic] with [SW Regional Fire Director] Bill [VanBruggen] and [SW Regional Forester] Cal [Joyner] to discuss this and other pertinent issues from the IHC Post AAR meeting. Any questions give me a call." (all emphasis added)"
These three email thread comments from the USFS Southwestern Regional Office FAM are important because of their need to have all these officials involved in their conference call to ensure the Southwestern Region Hot Shot Crews receive the proper YH Fire "guidance" to include the IHC Crews the Southwestern Regional Fire Director and the SW Regional Forester "to discuss this and other pertinent issues from the IHC Post AAR meeting." (emphasis added)
It is noteworthy that the USFS WO/FAM [Washington Office / Fire & Aviation Management] is so interested in an AZ State Forestry wildfire where only the BRHS, some misc. overhead, and several AFUE resources were the only USFS employees engaged on the YH Fire. All of this attention because of " ... a email [sic] request from the mother of a member of the Granite Mountain crew requesting information from the IHC nationally.." (emphasis added) It must be due to the fact (based on both SAIT and ADOSH members word) that the USDA USFS funded the YH Fire SAIT and SAIR. One investigator factually stated that 'It was clear that [USFS] Co-Team Leader Mike Dudley and [now USFS] Director Vicki Christensen were in charge of the YH Fire [SAIT] investigation.' With Federal funding usually comes Federal control. A USFS FOIA Request on this issue has been filed and their usual response is them being "backlogged" and it is repeated in every status request email.
Figure 44. USFS AFUE Briefing Paper falsely claiming "no ground to air (VHF-FM) radio traffic was recorded" Source: former ADOSH Investigator Barry Hicks and Collura FOIA records
This USFS FAM briefing paper falsely claims that there were "no ... ground to air (VHF-FM) radio traffic." The more common terminology is Air-to-Ground (A/G). This was an attachment to a USFS August 29, 2013, FOIA Request by ADOSH attorney Christopher O. Anderson also providing him with four (4) AFUE DVDs.
The referenced USFS FAM August 23, 2013, "[AFUE] Study Data Collected on Yarnell Hill" and “FOIA request and public release of data collected by the AFUE ground team" briefing paper was forwarded to one of our contributing authors by ADOSH Investigator Barry Hicks. The briefing paper was an attachment to a USFS August 29, 2013, FOIA Request Response to ADOSH attorney Christopher O. Anderson providing them with four (4) AFUE DVDs. Neither myself nor the former USFS Hot Shot Supt. Schoeffler, also filing USFS YH Fire AFUE FOIA Requests received four (4) AFUE DVDs. (emphasis added)
This USFS FAM Briefing Paper is more proof of USFS obfuscation and prevarication. It is a fact that there were YH Fire June 30, 2013, Air-to-Ground (A/G) radio transmissions recorded by the AFUE according to their own USFS and USDA OGC email threads above revealed in Figures 39 and 40 (i.e. “make sure nothing happens to those [AFUE] tapes … have some copies carefully made …”).
Figure 45. PDF JPEG image of after the Doce Fire Briefing on June 30, 2013, and transition to Yarnell Hill Fire assignment conversation between WF overhead and GMHS Acting Supt. Steed. Source: Schoeffler and Anonymous-by-request WFs This concerns a face-to-face conversation on the morning of June 30, 2013, with two USFS PNF WF supervisors that worked with the GMHS on the Doce Fire the week prior to the Yarnell Hill Fire. The GMHS was still assigned to the Prescott NF to work on the Doce Fire and Misc. ABC fires securing lines and mopping them up. The GMHS had completed the morning briefing for these wildfires and were notified of them being "committed" or reassigned to the YH Fire and were then in transit to Yarnell. Along the way, these men met somewhere and had a brief discussion with Asst. GMHS Supt. Steed as follows:
These two former Doce Fire WF supervisors asked Steed ‘How are things going?’ Steed replied: “The way things are going, [he] is gonna get us all killed.”
This significant, disturbing conversation was recounted to me by (1) a former USFS fatality investigator, (2) a "contributing other" author (on four separate occasions), (3) the USFS employee himself, (4) and other USFS WFs. This is chilling - well frightening is more like it! He knew that morning that things were bad, and yet he followed stupid and unsafe orders to hike into a Death Trap, taking the GMHS with him on a Trip to Abilene. Talk about a "self-fulfilling prophecy!" One has to wonder ... were these two USFS WF supervisors that worked with the GMHS on the Doce Fire the week prior ever interviewed?
Figure 46. PDF JPEG image of Sun City West FD Jerry Thompson Drop Box June 30, 2013, photographs of increasing fire behavior. Source: Sun City West FD, YouTube, WTKTT
(https://www.dropbox.com/sh/02ue6bnjp6nazkm/AACjXUZXUTol5xdSHlORGsTqa/Photos%20and%20Video/Jerry%20Thompson%20Photos%20Videos?dl=0&subfolder_nav_tracking=1 ) Copy and paste this Drop Box link to access it
Yarnell Hill Fire - Thompson IMG _1898 - 6/30/2013 - 4 24 PM ( https://youtu.be/mOyePMA6pLE ) and ( https://www.youtube.com/watch?v=mOyePMA6pLE )
Consider now the 3:23 and 5:45 Sesame Street, The Shrine Corridor area, and GMHS Deployment Zone Alignment cross-fade video work from WTKTT.
Figure 46a. Crossfade video of the Yarnell Hill Fire - Thompson IMG _1898 - 6/30/2013 - 4 24 PM Source: Sun City West FD, Google Earth, YouTube, WTKTT