State fire marshal sees "red flags" in Esparto fireworks explosion, says investigation continues in full force ...Middle East

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State fire marshal sees red flags in Esparto fireworks explosion, says investigation continues in full force

Tuesday marks one week since an explosion at an Esparto fireworks storage facility killed seven people. Officials announced over the weekend that the victims' remains have all been recovered and the Yolo County Coroner's Office is working this week to positively identify them. 

Cal Fire's Office of the State Fire Marshal is leading the investigation, assisting the Esparto Fire Department, which is still in charge of the entire incident at large. 

    "Our goal is if we find there to be any crime, or any wrongdoing, we not only want to give the family and community answers but we want to make sure if there was a violation of law or regulation that we can hold those individuals accountable," State Fire Marshal Chief Daniel Berlant told CBS13. 

    Tuesday, Berlant confirmed that as part of the investigation, a search warrant was executed at a San Francisco home, the business address listed for Devastating Pyrotechnics owner and CEO Kenny Chee. 

    "Yes, there are a number of search warrants that were carried out and likely will be into the near future," said Berlant. 

    He would not confirm what they were looking for but did clarify that at this time, no one is charged with a crime connected to the deadly explosion. 

    Chee's attorney in a statement Tuesday said:

    "Kenny Chee is innocent of any wrongdoing in connection with the Yolo Fire. While the investigation is ongoing we will have no further public comment."

    CBS13 has tried on multiple occasions to contact Chee by phone, but he has not responded.

    One week later, Berlant says the investigation has gone from an active recovery phase searching for the victims now to the bulk of the investigation on the ground. He says there was a bit of delay because, for days following the initial explosion, the site was still too dangerous for investigators to enter.

    "Once those initial hazards were dealt with, then the recovery of the bodies was the primary. But all throughout that, we were preparing, prepping for actually getting to the site and beginning our investigation. And just like a fire investigation, we are not only working to determine in this explosion, where the explosion occurred but what caused it," Berlant said.

    Tuesday night, family members gathered near the scene to hold a vigil remembering the victims, pushing for answers in the case and clarity on what exactly happened to their loved ones. 

    Among the victims are three brothers and some workers who were on their first day on the job. "While there are a lot of red flags in this incident, in general, it's too early right now to determine where it started and how it started. That's why we are dedicating resources to work to get to try to determine that," said Berlant.  "Can you share what you mean by red flags? What stands out to you?" asked CBS Sacramento reporter Ashley Sharp.  "The fact that it's a potential and it's been reported that not all local permits were issued to hold this type of material. This large of a quantity, there are very stringent state laws and regulations, there are federal requirements for storage," said Berlant. 

    This investigation is the first time Cal Fire has ever visited the property, Berlant says. Enforcement of fire codes fall to local jurisdictions. 

    Esparto's fire chief, in a press conference last week, stated that officials have been to the fireworks storage warehouse for safety checks in the past, but did not provide information on whether there were any safety concerns or when the business was last visited.  CBS13 has also reported that a Yolo County Sheriff's Lieutenant, Sam Machado, was the listed property owner. His home was destroyed in the explosion. 

    Yolo County officials say Machado is not involved in the investigation and is still employed with the department.   Additionally, an Esparto Fire Department volunteer firefighter, Craig Cutright, owned another company, BlackStar Fireworks, that had the same address listed as Devastating Pyrotechnics, the site of the explosion. 

    Cutright has been placed on leave from the fire department.  "Are you looking into the fact that a Yolo Sheriff's deputy lived on the property, and an Esparto volunteer firefighter is connected? Have you turned up anything you can share about that?" asked Sharp.  "Our investigators have already begun to follow up on many of these pieces of information the media has reported on. Again, everybody wants answers. We want answers as well. But it takes a systematic approach to track those down. We don't want to say or do anything yet that may jeopardize that case," said Berlant.  The Yolo County Board of Supervisors on Tuesday unanimously declared a local state of emergency following the explosion. The move allows for local, state and federal agencies to streamline the response and investigation into the explosion.   

    Berlant said that though Cal Fire is building their case with urgency, that they simply cannot divulge most details in the ongoing investigation. 

    "We really can't provide play-by-play details because we have to piece everything back together. We've got to build a case that we can bring to a District Attorney, bring to the courts so we can adjudicate this case and hold anybody, if there was a violation, responsible," said Berlant. "This is an incredibly complex case that is gonna take us weeks if not months to rule out all potential. While we continue to work hard to provide the family answers and the community answers, it's likely we may never know exactly, truly what happened at the moment the explosion occurred."  CBS13 also asked Chief Berlant if any state laws mandate that neighbors living near a fireworks or explosives storage facility must be notified. 

    He said no such state law exists. 

    Many Esparto neighbors voiced their frustration to CBS13 that they had no idea this facility, which as it turns out was not permitted at the local level to be there, was right in their backyard. 

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