What state law and Chico residents say about the Bidwell Mansion arsonist’s sentence
By Ken Magri
On March 5, the man who burned Chico’s historic Bidwell Mansion to a cinder-shell received an 11-year sentence in state prison. Kevin Alexander Carlson, a 30-year old local and Chico State graduate, was also fined more than $37 million with an annual 10% interest charge added for each year until the fine is paid.
Butte County Superior Court Judge Corie Caraway considered more than 100 victim impact statements from Chico and community residents before delivering the maximum sentence that California state law allowed at the time.
But in letters to the editor and on local social networks, Chico residents have expressed overwhelming frustration about what they see as a light sentence. So, how did that 11-year term in a California state prison come about, and what were the reactions?
The prison sentence
After Carlson pleaded “no contest” and was convicted without a trial, the Butte County Superior Court conducted a probationary report. These are done before sentencing and usually include the defendant’s statement, other circumstances to consider and a final recommendation for punishment.
In that probationary report, Carlson said that he felt “the weight of the world” upon him, citing several things as his motivation. They included the war in Gaza, “Manifest Destiny,” the Bidwell’s exploitation of the land’s original inhabitants and Chico’s current homeless policies.
Carlson made many claims to the probationary officer, denying the intent to destroy the mansion completely. He stated that he thought sprinklers would put out the fire, only damaging the structure but not destroying it. But the explosion soon after the fire began startled him and he briefly contemplated reporting the fire himself, to get it put out faster. He claimed to have great remorse for what he did.
Circumstances like an injury or death can add greatly to a sentence. But no persons were hurt in the fire or the effort to put it out. The defendant had no prior convictions. His expression of remorse for the crime, whether sincere or not, is what most defense lawyers would coach a convicted felon to do before sentencing.
These factors might explain why that report, signed off by Senior Probationary Officer Gene Bullard and Chief Probationary Officer Melisa Romero, recommended a lesser prison term between the minimum and maximum, or what it called a “middle term.”
But Judge Caraway was having none of that. She did all she could to find “aggravating” circumstances that took the sentence up to 11 years.
News & Review asked Carlson’s lawyer, Larry Pilgrim, if he thought the sentence was appropriate.
“In regard to the sentencing by Judge Caraway, it was obvious she put a lot of thought into her decision,” Pilgrim acknowledged. “She balanced the mitigating factors and the aggravating factors as the law requires.”
He continued, “Of course, Mr. Carlson wanted a lower term, as was recommended by the probation department, but I think Judge Caraway was fair and her sentence was just: She articulated her reasoning thoroughly.”
But what about a 2024 amendment which lengthened arson sentences under California Penal Code 452? Was Carlson advised to plea “nolo contendre” to quicken his sentencing before the law went into effect?
Pilgrim said no.
“There is a new law that would’ve added 15 years to a sentence, but the offense date of the Bidwell fire pre-dated the change in law so it wouldn’t matter,” the lawyer asserted.
Upon his eventual release from prison or parole, Carlson will have to register as a convicted arsonist wherever he lives. Being a convicted felon means he loses his right to vote. It could also mean he has a hard time finding employment. Additionally, the arson conviction puts an official “strike” on his record towards a life sentence should he continue to commit crimes, due to California’s “three strikes law.”
To pay the fine, Carlson could have wages garnished, a lien put on any owned property, and community service ordered by the court during a possible parole period.
Being released on parole also means that any violation of law will send him straight back to prison for the remainder of the term. But the $37 million restitution charge never goes away, even after a bankruptcy. That is for life.
Chico reacts
News & Review went to the social networking site Nextdoor.com to ask Chico locals how they felt about the sentence. An overwhelming majority of the 60-plus comments expressed shock and outrage in what was seen as a light sentence, questioning why it couldn’t have been longer.
“Eleven years was not enough” or something similar rung through dozens of comments.
Some from Chico expressed frustration that the state’s longer arson sentences did not go into effect quickly enough. Others were outraged because of the historic status of Bidwell Mansion, a structure that is so beloved by the city.
Here is a sampling of specific remarks:
Kristy S. commented, “For such a historic place, it doesn’t seem like 11 years are enough. He’ll be out in half that time,” adding, “The demand for restitution is ridiculous because it will never be paid.”
Patsy S. was equally angry about the damage done to the Bidwell family by the arsonist’s “excuses,” saying, “If you didn’t live 100 years ago, you have no right to say anything bad about what they did or didn’t do. It was a different time and different way of living back then.”
Robert B. was also thinking along those lines. “Destroying historical treasures is the worst offense of all,” he wrote. “It is irreversible, an assault to who we were, are and can be. Where some might not relate to written accounts, physical preservation can fill that void.”
A few commenters in public forums were “fine” with the 11-year sentence, though some wanted Carlson to be compelled to do a decade of community service after his release.
What’s clear is that many in Chico are still grieving for the loss of their historical landmark and the memories that won’t be experienced now by future generations. There also remains bewilderment that California State Parks did not have a nighttime security guard at the mansion, and that its renovators didn’t turn the natural gas off during construction. The fire alarm not working continues to cause bafflement many, as well.
Out of 64 comments, one claimed that Carlson didn’t even exist. Another ranted about “Marxists” and statewide leaders. Generally, though, most locals weighing in steered clear of current politics. By focusing on the local impact and what constitutes local justice, News & Review thanks Chico residents who volunteered their opinions and expressed them in a thoughtful manner.
Has anyone given any thought about what the Bidwell family had done to the Indigenous peoples living on all the land before they came? And what that mansion represents to us, the First Nations peoples?
I certainly did/do. The above remark about not having a right to say anything in regard to the ‘times’ if you weren’t alive certainly lifted my eyebrows. Just because certain *HORRID* things took place doesn’t mean it was ok, and we can absolutely say something about it today. I can only imagine what it must feel like for First Nation People to see everyone freaking out over this.
Yes. Context please. While Chico residents of European ancestry might feel a way, that is not the only way that folks may feel about the dominant white historical narrative.
The sentence is what it is. Law is applied unequally all the time. I don’t feel the need to punish this person, whose anguish over inequity is a logical response to inequity; his actions are less logical, but understandable.
Considering the attitude towards Native Americans in the mid-1800s, the Bidwell’s were quite progressive for their time. In the 1860s when there was a movement to expel Rancho Chico Indians to Round Valley, Bidwell stood in front of a torch light mob to protect the Mechoopda on Rancho Chico. When John was in
congress, he proposed a bill that would make Round Valley a larger reservation by acquiring all of Round Valley as a reservation, not just a portion as it is today.
In the early 1900s, Annie founded a women’s group that convinced President Theodore Roosevelt to provide land for homeless Indians, thus beginning the rancheria’s that exist throughout California.
California has a lot of soul searching to do regarding the treatment of the state’s aboriginal people, but to destroy the home of the pioneers who exemplify the best treatment afforded Indians, should be a wake-up call to those who advocate historical reckoning.