San Andreas, CA — 65-year-old Herbert Wayne Smith of Valley Springs was arraigned in Calaveras Superior Court on charges related to starting the Gann Fire on August 3.
The Calaveras District Attorney’s Office reports there are four felony charges and two misdemeanors. As the fire caused one fatality, it includes a charge of involuntary manslaughter. The other felonies are for recklessly causing a fire that caused great bodily injury (more than one firefighter was injured), recklessly causing a fire to an inhabited structure, and recklessly causing a fire impacting forest land. The two misdemeanors are for Smith allegedly operating equipment capable of producing sparks in vegetation without complying with fire prevention requirements and allowing the fire to escape his control.
While in court before Judge Timothy Healy on Tuesday, September 15, Smith was also arraigned on a separate felony complaint alleging that on September 11, 2026, he possessed methamphetamine after already being convicted of two or more prior qualifying drug offenses.
Bail was set by Judge Healy at $170,000 for both cases, combined. In addition, noting that Smith is a danger to the public, Judge Healy ordered that he prove to the court that the funds came from a legitimate source (pursuant to Penal Code section 1275.1) before being permitted to post bail. Smith is due back in court on October 6, 2026, at 1:30 pm for continued arraignment.
The Gann Fire burned 10,339 acres. It destroyed 48 structures (and damaged three additional).
