On anniversary of fatal blast, Esparto fireworks lawyers spar in court over evidence
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- Six defendants appeared in court; all seven are charged in the case.
Six Yolo County defendants charged in connection with the Esparto fireworks explosion appeared in court on Wednesday, one year to the day after more than a million pounds of fireworks caused an earth-shaking blast that killed seven people and sparked a 78-acre wildfire.
In a hearing that was moved to a larger courtroom to accommodate the large crowd of defense attorneys, family members and reporters present, Judge Daniel P. Maguire ran through a laundry list of motions, questions and requests.
The property owners, employees and associates of Devastating Pyrotechnics, the fireworks company that operated on the Esparto property, appeared in court hours before the families and friends of the seven men who died gathered near the site for a vigil marking the anniversary. All parties in the criminal case are barred from attending the vigil, held less than 15 miles from the courthouse, because of a gag order Maguire issued last month.
Prosecutors and defense attorneys discussed how to exchange documents and other evidence in a case that has drawn widespread public attention and set hearings for late July and early August.
Two defendants who have been granted bail sat with their attorneys. Sam Machado sat at the defense table next to his lawyer, David Fischer, wearing a dark suit. Machado, the former Yolo County sheriff’s lieutenant who owned the Esparto property, faces 26 felony counts, including seven counts of murder, four gun possession charges and multiple charges involving the possession, transportation or conspiracy to possess or transport explosives.
Machado, who worked as a firefighter for the Madison Fire Protection District before joining the Sheriff’s Office, was granted bail without GPS monitoring in June. He and his wife, Tammy Machado, pleaded not guilty shortly after being indicted.
The hearing Wednesday began with a discussion about how to screen documents that may be protected by attorney-client privilege before they are disclosed to prosecutors.
Allowing the prosecution to determine what information should be privileged would be a “disastrous idea,” Fischer argued. It would provide the prosecution “a roadmap of our case,” he said. Fischer said he has retained expert witnesses and does not want to reveal his defense strategy.
The judge denied Fischer’s request to appoint and fund a special master to oversee the privilege screen but allowed defense attorneys to review the records themselves instead of prosecutors. Attorneys for both Machados opted to conduct the screen themselves.
Other defendants, meanwhile, requested more time to decide whether to use that process, but prosecutors argued the decision should not require additional time. “It’s an important issue,” Deputy District Attorney Clara Nabady said. “It’s not a complicated issue.”
Craig Cutright, clad in khakis and a light gray blazer, sat behind Machado. The former Esparto volunteer firefighter faces 12 felony charges involving the possession and transportation of explosives. He was granted bail in April and has not yet entered a plea. Cutright, who was not charged with murder, split from Devastating Pyrotechnics to form Blackstar Fireworks on the property in 2023.
Cutright was granted permission to travel to Florida, provided he complies with conditions prohibiting him from possessing fireworks or explosives and checks in weekly, Maguire ruled.
Tammy Machado, who was charged in a separate indictment, pleaded not guilty to five felony charges, including child endangerment, animal cruelty, mortgage fraud and tax fraud. She was granted bail shortly after her April 9 arrest. She did not attend the hearing, but her attorney, Steven Sabbadini, told the court he expects to file a motion to reduce or dismiss the charges within days.
The four remaining Yolo County defendants who have not been offered bail all face murder charges. They appeared in the jury box wearing gray-and-white striped jail uniforms and shackles.
Another Esparto defendant facing murder charges, Douglas Tollefsen, was recently denied bail after prosecutors alleged he attempted to restart the fireworks business after the explosion. He faces 17 felony charges and has not entered a plea.
Devastating Pyrotechnics CEO Kenneth Chee’s attorney, Douglas Horngrad, told the court he intends to file a bail motion soon, along with a motion to dismiss or reduce charges in the coming weeks. Chee faces 20 felony charges, including seven counts of murder, insurance fraud and multiple counts involving the possession, transportation or conspiracy to possess or transport explosives. He has not entered a plea.
Jack Lee, the longtime operations manager for Devastating Pyrotechnics, faces 16 felony charges, including murder and charges involving the possession of explosives. He has not entered a plea.
Lee was recently ordered to find a private attorney after the court determined he possessed more assets than previously reported and no longer qualified for a court-appointed lawyer. His appointed attorney will continue representing him on a pending bail motion until new counsel is retained. The bail motion is expected to be filed by the end of the month. Lee has until Aug. 13 to find a new attorney, Maguire said.
Gary Chan, who obtained a federal explosives permit for the company, has been charged with seven counts of murder and six charges related to the possession and transportation of explosives. He has not entered a plea.
All seven defendants are scheduled to return to court July 30.
