Benjamin E. Cunha
The Diamond Springs firefighter linked to three deliberately set blazes last summer pleaded guilty to two felony arson charges Friday and was sentenced to a year in jail with stiff probation terms.
Benjamin E. Cunha, 25, agreed to a plea bargain that will result in his remaining behind bars up until the one year anniversary of his August 2007 arrest by California Department of Forestry officials. He has been in the El Dorado County Jail in lieu of $500,000 bail since being taken into custody.
In addition to the full year in jail, Cunha agreed to a six-year probation term, which will require him to wear a GPS tracking device during fire seasons. His probation also requires that he seek regular psychiatric counseling and register as an arson offender wherever he lives for the rest of his life.
If he does not comply with the terms of his probation, the former third-generation firefighter will head to state prison for six years.
'We won't be tolerating any foul-ups,' Superior Court Judge Eddie T. Keller said during sentencing. 'If you violate these terms you will go to state prison.'
Cunha must also, as part of the terms, meet with Cal Fire investigators and be candid about any other potential arson fires he has knowledge of with regard to himself or anyone else. He will get immunity for any information he provides unless the fires are determined to have caused injury or property damage.
Cunha set three small wildland fires in late August; one on Sand Ridge Road in El Dorado on Aug. 21 and two others on Aug. 29, one on Big Cut Road near Excelsior Road in Placerville and another on Mosquito Road in Placerville.
Prosecutor Worth Dikeman said he agreed to the plea bargain because '(Cunha) is still relatively young with no prior criminal record and none of the fires he set caused injury or damaged any structures.' Dikeman added that he thought a term in state prison would have an adverse effect on the family.
His family attended all the hearings and appeared devastated over the whole ordeal. Father Ed currently sits on the Board of Directors for the Diamond Springs Fire Department. He retired as a captain in 1997. Grandfather Frank was also a fire official with the district for 20 years.
Prosecutor Dikeman said Benjamin Cunha's days as a firefighter are over.
Click here to comment on this story
Share your opinion.
Another "Firefighter" ~a young boys dream since birth~ my life my dream job, its what he always wanted to be, and nothing else. This is more than raping innocence, it distorts the civil strategy of careful consideration of all our lives, and the good-samaritan. My prayers are with you.
------------------------------------------------------
RM writes on March 31, 2008 at 15:48:14
kudos to the photographer for catching a great photo....the subject doesn\'t seem to have the firmest grip on reality. That smile is just plain CREEPY....not sure if a year in and a GPS ankle bracelet is enough for this freak.
------------------------------------------------------
curt writes on March 31, 2008 at 13:56:43
If you could put him in prison for one year what will stop him when he gets out, also put him in prison and meet his roommate name BIG BUBBA like folsom area
------------------------------------------------------
Phillip writes on March 31, 2008 at 13:56:03
It seems obvious to me that this case needs to be turned over to the State of California Attorney General\'s Office or maybe Federal,this in NO WAY! justice for the crimes comitted to the people of our county,no deterent here for him or others.I guess it would be a different sentence if this happened near a Board of Supervisors home,Asst.D.A.,Judge ect.Recall Keller,give to the State to prosecute-FAIRLY PLEASE ! Letters to the Editor are a must in this case or it will just go away!Justice For All !
------------------------------------------------------
curt writes on March 31, 2008 at 13:48:57
someone like me needs to KNOCK the smile off his face
------------------------------------------------------
Ron writes on March 31, 2008 at 13:13:02
What about restitution??? $100,000 -$500,000?/?,, Dave and Rick are 100% right..
------------------------------------------------------
Dave writes on March 31, 2008 at 11:31:43
Nice. Time to recall the judge and call for the firing of the Assistant DA. Might as well recall the DA while we\'re at it. What a waste of time, our tax payers money, and a waste of air going in to this kids lungs. To have my wife call me at work in a panic and for her to face a wall of flames shooting up in to the air, this is justice? You know damn well he\'s set other fires, but he only got caught for 3. One year in jail... must be nice to have Pville in your back pocket. I bet the parents are SO proud and greatful. Slime! His ass should be on a chain gang up in Georgetown for the next 10 years. This will NOT be the last we hear of this kid. Unless it\'s buried or ignored by the media again.
------------------------------------------------------
Angelo writes on March 31, 2008 at 10:11:07
What ever happened to the 3 strikes law?
------------------------------------------------------
rick writes on March 31, 2008 at 09:17:57
nice big smile. dont worry he will move on to another city or county or state. lord help us.
------------------------------------------------------
Lauren writes on March 31, 2008 at 08:58:18
The punishment for this young man will echo through out the rest of his life. In this community, he will be a social outcast; who would hire or marry him? The embarassment and shame he has brought to his family will be a yoke around his neck forevermore. His "well connected family" is also being punished. They will pay the price as well.
------------------------------------------------------
Steve writes on March 30, 2008 at 21:15:49
What?1year? The amount of fear he put in to people and the resources needed to respond to his "terror trip"I\'d say he is a domestic terrorist.Well connected family ties to the community seem to get special treatment.The intentions are truly far more dangerous and warrent state prison time!Maybe next time?
------------------------------------------------------