Yarnell Hill Fire lawsuits settle for $670,000, reforms

• Arizona to pay %24670%2C000 to hotshot families from the Yarnell Hill Fire
• Granite Mountain Hotshots' lone survivor has never spoken under oath about what he saw or heard

Family members of 12 deceased hotshots settled a wrongful-death lawsuit for $50,000 each on the eve of the second anniversary of the fatal Yarnell Hill Fire, but the legal agreement leaves key questions about the tragedy unanswered.

At a Phoenix news conference Monday, Roxanne Warneke said she has been haunted by a single question since the day her husband died with 18 other members of the Granite Mountain Hotshots: Why did they leave a safe area and descend into a steep canyon with boulders the size of cars?

When two official investigations failed to answer that fundamental question, Warneke said, she and other survivor families filed suit to find out what went wrong in hopes of preventing similar catastrophes in the future.

RELATED:The team that put a '19' on a Prescott mountainside

MONTINI: Settlement douses some bitterness over Yarnell fire

The resolution of that litigation was revealed in a 45-minute news conference attended by state officials, attorneys and Warneke. The widow held her daughter, Billie Grace, born after William Warneke perished in the flames. Warneke recalled visiting the monument two weeks after the deaths on June 30, 2013.

"As I stood at that flagpole, I was able to see charred cacti, blackened boulders and blackened dirt. But what took my breath away was the topography," Warneke recalled.

"I had remembered a saying that my husband had once told me when we were deer scouting two years before. He said to never go into a canyon. That inside a canyon would be thick brush, and how wind travels through a canyon. I know my husband's military and firefighter training. Descending into that canyon went against everything he had ever been taught ... I was enraged."

The fire was ignited by lightning. It burned about 8,400 acres, destroyed 127 structures and forced mass evacuations. After firefighters abandoned the safe zone, they trekked down a chaparral-choked canyon as winds shifted direction and picked up speed. They deployed emergency shelters at the last minute, but did not survive the 2,000-degree heat when flames swept into the canyon.

PHOTOS: REACTIONS TO YARNELL HILL FIRE SETTLEMENT

The proposed settlement was approved by the Joint Legislative Budget Committee behind closed doors in executive session on June 18.

Arizona will pay a total of $670,000 to the families of the 19 hotshots, and will implement new wildland-firefighting procedures to improve safety as part of the global settlement. Payments of $50,000 each will go to 12 families that sued the state, with the money coming from a state risk-management fund.

Warneke and the family of hotshot Andrew Ashcraft announced during Monday's news conference that they intend to launch a non-profit foundation for wildfire safety, and contribute all their proceeds to that cause.

The litigation also included a workplace-safety case filed against the Arizona State Forestry Division, which contained multiple violations and fines totaling $559,000. In lieu of the fines, seven families that did not sue the state will receive $10,000 each from the Forestry Division, which was responsible for managing the fire.

The settlement contains no admission of liability by the Forestry Division. In addition, the Arizona Division of Occupational Safety and Health withdrew a previous list of "willful" safety breaches by the agency, and replaced them with a single "unclassified" violation. The language says Forestry failed to provide a hazard-free work environment during the Yarnell Hill Fire, and management "failed to re-evaluate, re-prioritize and update fire suppression strategies" as a thunderstorm radically increased dangers.

PHOTOS: AERIAL PHOTOS OF SCENE OF YARNELL HILL FIRE

Forestry agreed to make a "good faith effort" to carry out reforms requested by hotshot families. However, the settlement says implementation is not a mandatory component and up to the "sole discretion" of the agency director.

State Forester Jeff Whitney, a former hotshot, said his agency will strive to implement dozens of changes recommended by families that had filed suit.

Records show Forestry will ask the National Wildfire Coordinating Group to do a question-and-answer session and a staff ride-along to glean information about the fire. State Forestry will also recommend to the group extra training for initial fire attack. If money is available, Forestry would also volunteer to participate as a testing site for new wildfire technology, including radios and GPS tracking devices. Firefighters have said communication was problematic during the blaze. At times, fire officials were unaware of the Granite Mountain Hotshots' precise location and activities.

On the afternoon of the deaths, Brendan McDonough, who survived the fire, was serving as Granite Mountain's lookout and was moving vehicles with the Blue Ridge Hotshots. The settlement occurs without his testimony.

McDonough recently told Granite Mountain's founder that he overheard a radio conversation between Eric Marsh, the crew's supervisor who had separated from the others to scout the fire, and Jesse Steed, Marsh's top deputy. Marsh is believed to have ordered the hotshots to leave their safety zone. The conversation is believed to have occurred shortly before the hotshots were overcome by flames.

Attorneys for Forestry repeatedly sought McDonough's testimony under oath, but a deposition never happened. McDonough has said he suffers from post-traumatic stress disorder since the fire.

State Attorney General Mark Brnovich on Monday praised the families and lawyers for resolving the litigation in a positive way.

"Ultimately, this settlement doesn't assign blame," he said. "State agencies aren't admitting any guilt or negligence. Sometimes in litigation, we get so wrapped up in assigning blame, we forget about the victims, and how do we prevent these tragedies from occurring in the future."

The 12 families initially filed claims seeking $220 million.

Attorney Pat McGroder said the goal of the 12 families was to prevent future tragedies and improve wildland-firefighting safety. He emphasized they were not out to make money and said the minimal compensation and promised firefighting improvements underscore that point.

McGroder had strong words for the federal government, which banned the Blue Ridge Hotshots from talking publicly about what they may have heard over the radios that day.

"At sometime, Mr. McDonough may or may not choose to publicly describe what he saw, what he heard that day," McGroder said. "The idea that the federal government is withholding information ... speaks to the lack of understanding and empathy that they should have for these families. So, we would publicly call for ... the national Forest Service to let their people talk."

Deborah Pfingston, Ashcraft's mother, said she believes the settlement will make a difference for future hotshots and their families.

"The truth about the death of our sons, husbands and fathers will be coming," she said, crying softly.

Warneke said the non-profit foundation, to be known as the Wildland Firefighter Guardian Institute, will play a role in achieving those goals. She expressed disappointment in two official reports on the Yarnell Hill Fire tragedy, and said the new organization will independently investigate wildfire accidents as part of its mission.

"Truth, transparency, accountability and change have been our mantra," she said. "Wildland firefighting will now be more effective."

Warneke said she believes her husband would only have abandoned a safe ridge and hiked into danger if he was directed to do so. "Orders," she explained. "He was a Marine who was used to taking orders."