PLACERVILLE, Calif. (AP/CBS13) — A father and son charged with sparking the devastating Caldor Fire that destroyed about 1,000 homes near Lake Tahoe earlier this year are out of jail after a judge vastly reduced their bail, largely rejecting prosecutors’ arguments that the duo posed a flight risk.

On Monday, bail for 66-year-old David Smith was reduced from $1 million dollars to $25,000. Bail for his son 32-year-old Travis Smith was reduced from $1 million to $50,000.

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The Smiths were arrested on Dec. 8 and charged in El Dorado County with recklessly starting a fire and illegal possession of a silencer. Travis Smith is also charged with illegal conversion or manufacture of a machine gun.

Travis Smith’s attorney, Mark Reichel, told The Associated Press on Tuesday that prosecutors have not laid out their theory as to how the men started the Aug. 14 Caldor Fire, which destroyed about 1,000 homes and other buildings, injured five people and forced tens of thousands of others to flee their homes.

“They’re very happy to be out,” Reichel said. “They weren’t very happy to be arrested.”

Prosecutor Nora Hall argued that potential prison sentences — at least a dozen years for each man — made them potential flight risks and that Shane Smith’s social media posts indicated a lack of concern for proper firearms safety.

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But El Dorado Superior Court Judge Ralph Marks said a bail reduction was warranted because there was no evidence the men acted maliciously or with intent. The charges also did not indicate they posed a danger to the community, the judge said.

Reichel and Linda Parisi, attorney for the elder Smith, said the men were in the area where the fire sparked and called 911 to report flames.

The criminal complaints do not specify how the machine gun and silencer tie into the Caldor Fire, and the DA’s office has not offered an explanation. It declined on Tuesday to release additional statements about the case.

The fire crossed three Northern California counties — mainly impacting El Dorado County — forcing tens of thousands of people to evacuate the resort town of South Lake Tahoe and surrounding areas before it was contained in October.

The next scheduled court date for the Smiths is Feb. 1.

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