Our case describes the circumstances and law surrounding more than two dozen wildland fires in the Banning Pass area of Southern California, ultimately known as the Esperanza Fire. The first of the fires was set on May 16th, 2006, and the last on October 26th of the same year. Five U.S. Forest Service firefighters died when engine 57 was overrun in 35mph winds.

The Fires Set by Remote Devices

Raymond Lee Oyler was a would-be firefighter, he lit the fires. Oyler used a time-delayed incendiary device for his fires consisting of a Marlboro Light or Marlboro Red cigarette with wooden matches attached lengthwise with a rubber band. The “remote device” could be thrown or shot by a sling shot from a car and can take a few minutes before the cigarette burns down to light the matches, which varied from 5 to 31 matches. Most of Oyler’s fire’s were put out by fire fighters, but not all.

The October 26th Esperanza Fire advanced upslope on engine 57 burning through the crew’s location. Three firefighters died at the scene and two died shortly afterwards.

After five days the Esperanza Fire was contained after burning more than 40,000 acres, destroying 39 homes and causing $100 million in financial loses. At the scene, an arson investigator found a Marlboro cigarette device wrapped up with a rubber band to six wooden matches.

Evidence Implicating Arsonist

The prosecutors at Riverside County presented an overwhelming case including surveillance footage of Oyler’s vehicle, a used blue/grey Taurus spray painted matte black. There were several eye witnesses that could identify Oyler near fires. His DNA was found on the cigarettes recovered at the various scenes. Oyler’s tire tracks matched those at the fire locations. The matches used in the fires were the same type found in Oyler’s home. Oyler owned two police scanners and had started a volunteer firefighter training process but dropped out. His fiancé testified that he admitted lighting the fires. She testified that Oyler was a smoker and smoked Marlboro Reds. Interestingly, his fiancé also testified that he didn’t start the fires. In court she acknowledged she let Oyler watch their children despite his drug use.

Defendant Charged with Five Murder Counts Plus Arson

Oyler was charged under the felony/murder doctrine; when the defendant kills someone during the commission, of an inherently dangerous felony the defendant can be found guilty of the crime of murder, without any showing of “an intent to kill”. Oyler met that standard. The jury convicted Oyler of those murder and the arson charges.

At trial, the defendant’s murderous intent was documented with testimony that he knowingly started one of the last fires after he became aware that the Esperanza Fire had killed several firefighters.

Death Penalty

The jury convicted Oyler of murder and arson and sentenced him to death.

Oyler’s conviction was automatically appealed to the California Supreme Court who upheld the murder and arson convictions noting in the opinion, “California does not regularly use the death penalty as a form of punishment, and its imposition does not violate international norms of decency…”. A sad case but appropriate outcome.

Jim Porter is a retired attorney from Porter Simon, formerly licensed in California and Nevada. Porter Simon has offices in Truckee California and Reno, Nevada. These are Jim’s personal opinions. He may be reached at jameslporterjr@gmail.com. Like Porter Simon on Facebook. ©2025