Fire officials took 65-year-old Herbert Wayne Smith into custody on Monday around 7:45 p.m., according to arrest records. | NEW RESOURCE: Step-by-step command delegationThe Gann fire is roughly 35 miles east of Stockton and entirely within Calaveras County. Seven structures have been destroyed in the fire, and a body was reportedly recovered from one of those burned buildings. Smith was operating equipment, reportedly a chainsaw, that did not comply with fire prevention requirements and was capable of producing sparks, according to Cal Fire. “I’m so sorry for everything that’s happened,” Smith told Sacramento NBC affiliate KCRA on Thursday afternoon.