An Arizona hiker who appealed his conviction for starting wildfires after getting lost on the trail has been ordered to pay nearly $300,000 in restitution to the US Forest Service.
District Judge Michael T. Liburdi delivered his verdict earlier this week in the 9th U.S. Circuit Court of Appeals, saying that Phillip Powers had “acted unreasonably” when he set the fires.
Powers was day hiking in hot weather in the Coconino National Forest in May of 2018 when he became lost and started a small fire to try to attract rescuers. Fire restrictions were in effect in the area at the time. According to reporting by the Arizona Daily Independent, the following day Powers started two more fires when he ran out of water and had to drink his own urine.
Thinking he had failed to attract the attention of a helicopter after setting the third fire, Powers continued hiking and left behind a still-smoldering blaze, which ultimately engulfed 230 acres before it was brought under control. More than 100 firefighters, five helicopters, one air attack, four crews, and one fire engine were involved in the firefighting effort.
In 2023, we reported that Powers had been found guilty on seven misdemeanor counts, and faced up to 3.5 years in jail. The Tempe resident appealed his conviction based on the necessity defense, claiming he believed he was going to die. He was denied because Liburdi says the harm he faced at the time of lighting the fires was not sufficiently “imminent” and the defendant did not appear “immediately dire” to his rescuers when they found him.
Powers also failed to use a nearby firepit nor make any effort to contain the fires, such as clearing dead brush, which was ruled “objectively unreasonable.”
Finally, though Powers had brought food, three liters of water, a machete, knife and lighter, he was not carrying a paper map or compass for navigation and the judges say he was “reckless and negligent in preparing for the hike,” ordering him to pay $293,413.71 in restitution costs.
How to signal for help
Though setting a fire is a longstanding method of signaling for help if you get lost in the backcountry, it can have some serious consequences as this story illustrates. If it is your only option, it’s important to use or build a firepit to contain the flames and to clear away grass and brush before sparking up. Learn more in our article on campfire safety.
There are other options available to you which are likely to be less devastating. Tell someone your plans so they can report you missing and invest in a Personal Locator Beacon such as this one on Amazon or a satellite communicator so you can signal for help without fire. It’s true that devices like the Garmin InReach are pricey, but they cost a lot less than $300,000.
For more affordable options, always bring a hiking whistle and a headlamp or flashlight that you can use to signal for help at night. Learn more in our article on ways to signal for help if you get lost in the wilderness.
