young daughters fell asleep in their tent while the Focus 15 heater was operating. Anaya woke about an hour later and discovered that his daughters were convulsing. He turned the heater off, opened the tent's windows, and carried the girls out of the tent. Neither he nor his wife was affected. At that time, Anaya assumed that the girls' symptoms were caused by carbon monoxide produced by the heater.
The next morning, as Anaya was preparing to return to Bend, Schoggins asked him to leave his tent and heater at the work site for Schoggins to use. Anaya agreed to do so. Anaya told Schoggins that, the previous night, his children had had convulsions and that he thought the heater might have had something to do with that reaction.Anaya told Schoggins to take care of the heater and said, "don't die in my tent." He said it "jokingly," and Schoggins replied with a chuckle. Anaya later recalled that, if he actually had had concerns about Schoggins's safety, he would not have let Schoggins use the heater.
That same day, Schoggins and a framer on the project, Dooms, received and cashed their paychecks. Schoggins, Dooms, and a third person, Falk, then went to a tavern where they ate lunch and drank "at least three or four pitchers" of beer between them. Around 4:00 p.m., Falk bought a case of beer; Schoggins drank "at least" one can on the way back to the work site. Around 9:30 p.m., Dooms went to his tent with Anaya's propane heater, which he