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Judge grants bail to alleged Colorado fire starter

Terry Barton is seen here on June 9, near Lake George, Colorado, amid efforts to fight the Hayman fire she's accused of starting.

DENVER, Colorado (CNN) -- A federal judge Thursday granted bail of $600,000 to alleged Colorado fire starter Terry Barton, but required her to live in a halfway house and not to visit any forest area.

The U.S. Forest Service employee was indicted Wednesday on charges of willfully and maliciously destroying U.S. property and causing personal injury by setting a blaze that has grown into a wildfire of historic proportions.

Barton, 38, has pleaded not guilty to the charges that could result in a maximum prison term of 65 years and fines totaling $1 million.

The Hayman fire she's accused of starting has blackened 136,000 acres south of Denver, burned at least 25 homes and forced 8,900 evacuations since June 8.

Before announcing his decision, Federal Magistrate Michael Watanabe said, "These are very serious charges, but there is no evidence that any individual would find themself in danger because of her release." He noted that Barton had led an "exemplary life," with no criminal history.

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Federal authorities claimed Barton is a flight risk if freed on bail. They cited the severity of the charges and the hostility she likely will face in her community, Teller County.

Barton appeared not to react to the decision. When Watanabe asked her if she understood the conditions of her release, she very softly said, "Yes."

As conditions of her bail, Barton was ordered to live in a halfway house which she can leave only under certain conditions. She can leave to meet with her attorneys, make appointments with court officials, attend medical or mental health appointments or make future court appearances. Her travel is limited to the state of Colorado. She may not enter any forest area, the judge said. She may not possess any firearms or dangerous devices.

The judge also said she is not allowed to drink alcohol and must agree to undergo any mental health or medical check-ups as determined by court officials. Barton also must submit to drug tests under the terms of her bail.

Earlier, she pleaded not guilty to charges of deliberately setting a fire in the Hayman area of Pike National Forest that destroyed timber, land and personal property and injured people, and created a substantial risk of injury to others.

Barton is a 20-year Forest Service veteran specializing in fire prevention.

Barton has told investigators that while she was on patrol, she burned a letter in anger from her estranged husband at an abandoned campfire site. That act was in violation of a ban on fires. Barton said she thought the fire had been extinguished and left, only to find later that the fire was spreading.

But in the federal affidavit, a U.S. Forest Service investigator who conducted crime scene analysis concluded the fire was deliberately set, originated within the campfire ring and "had been staged to look like an escaped campfire."

U.S. Forest Service fire investigator Brenda Schultz testified that investigators found no evidence of burned paper remains at the campfire ring. She also testified that Barton's husband, John Barton, had told her that he had not sent any letters to his wife.

Schultz noted that some of the stones around the campfire ring appeared to have been rearranged, creating an opening that might have allowed flames to escape. She said there was a continuous bed of fuel -- such as grass or branches -- in the ring.

Schultz also pointed out that Barton originally said she had nothing to do with starting the fire, but when confronted by investigators, changed her story to say that she had started it accidentally. Schultz also testified that Barton had said she started the fire with one match, but remnants of three matches were found in the ring.

During cross-examination at her bail hearing Thursday, Barton's attorney, Rick Williamson, made the point that white ash in the fire ring has not yet been fully analyzed, leaving open the possibility that the ash could be from a letter. And Schultz admitted that weather conditions at the time were such that a fire could have been started accidentally.

The court also heard testimony from character witnesses for Barton, including firefighter Adam Edelstein, who said that when he arrived at the campfire ring, Barton was fighting the fire.

"She was always willing to help," Edelstein said. He called Barton "what a Forest Service employee should be."

Colleagues expressed concern that Barton was distraught about her arrest and feared she was feeling suicidal.

Meagan Kabele, a friend of Barton's and fellow Forest Service employee, testified that Barton is an "open and loving person, a very resilient soul who always treated people with an incredible amount of generosity."

The state attorney general's office said Wednesday it is consulting with local authorities on the possibility of filing state arson charges against Barton.