LA PLATA — A La Plata man has been cited for an alleged violation of open-fire burning regulations after a fire reportedly spread beyond his property during what authorities described as a statewide burn restriction, according to court records.
Joe Hernandez, 75, was issued a non-traffic citation following a May 16 incident at a property along N.M. 574 in La Plata, according to a statement of probable cause and citation filed in Aztec Magistrate Court.
All charges are allegations based on court records, and the defendant is presumed innocent unless proven guilty in a court of law.
According to court records, San Juan County Sheriff’s Deputy Tanner Lusk was dispatched at approximately 7:17 p.m. May 16 to a reported structure fire at a property along N.M. 574 in La Plata.
According to court records, the deputy arrived after firefighters had extinguished the fire.
According to the statement of probable cause, fire personnel identified Hernandez as the person who allegedly started the fire.
The statement of probable cause alleges Hernandez told the deputy he had been burning weeds and believed he had adequately wet the surrounding area before ending the burn. According to court records, Hernandez later observed a fire near the area where he had been burning, and the fire allegedly spread to a barn.
The affidavit states Hernandez told authorities the fire later crossed a dirt road and spread onto a neighboring property. According to court records, Hernandez and a neighbor reportedly used a garden hose in an effort to slow the spread until firefighters arrived.
According to the deputy, Hernandez said he was unaware burn restrictions were in effect at the time. The deputy reported advising him that restrictions were in place.
According to court records, a fire supervisor advised the deputy to issue a citation because the fire allegedly occurred during a burn restriction and spread beyond Hernandez’s property.
According to the statement of probable cause, Hernandez allegedly told the deputy he believed the fire was his fault, acknowledged he should have known better and apologized for the incident.
CHARGES FILED
- Violation of open-fire burning regulations
CASE STATUS
Court records indicate Hernandez was issued a non-traffic citation and ordered to appear in Aztec Magistrate Court on June 22, 2026. The citation does not indicate a custodial arrest.
SOURCE
According to a Uniform Traffic Citation and Statement of Probable Cause filed in Aztec Magistrate Court in San Juan County.
LEGAL DISCLAIMER
All charges are allegations based on court records, and the defendant is presumed innocent unless proven guilty in a court of law.