RESCUE CREATES RIFT OVER SNOWBOARDERS.

Byline: Peter Hartlaub Daily News Staff Writer

What doesn't kill you can clean out your bank account.

Just ask snowboarders Patrick Jenks of Glendale and Claudio Maluje of North Hollywood, who officials believe are the first hikers, skiers or snowboarders to be prosecuted in Los Angeles County in an effort to recover rescue costs.

Prosecutors will try to convince a jury today that 23-year-old Jenks and 28-year-old Maluje violated trespassing laws by snowboarding out of bounds - and therefore should have to pay for their rescues.

The men insist they are innocent, but if the county wins, prosecutors will ask a Superior Court judge to order $23,600 restitution, in addition to a sentence that could include six months in jail.

With an increase in the popularity of so-called extreme sports over the last few years, law enforcers say rescuers' lives increasingly are put in danger because of athletes who like to live on the edge.

And if the trend continues, Los Angeles Sheriff's Department deputies say they will push harder than ever to get their money back when citizens take the road less traveled and need a rescue team to bail them out.

Sheriff's Deputy Roger Wallace makes it clear that ``the rescue is covered'' if someone accidentally gets lost or injured.

``If it's an intentional act, yes, we're going to bill you,'' said Wallace, one of the Montrose Search and Rescue team members who found Jenks and Maluje. ``If you break the law, we're going to take an aggressive stance and prosecute.''

Extreme measures

Economically speaking, Los Angeles County is a pretty good place to be a bonehead. Southlanders can pull a fire alarm, surf a tsunami or gallop a horse into a big pit of quicksand - they may get charged with a crime, but taxpayers are almost always going to pick up the check.

``A lot of other (counties) are active in cost recovery, but we just haven't gotten into that yet,'' said Los Angeles County Fire Capt. Steve Valenzuela.

Lifeguards on county beaches are ready to rescue anyone free of charge, from swimmers to scuba-diving lobster harvesters, who work in the middle of winter at the dead of night.

``We're a public service, and we're paid by the taxpayers,'' lifeguard Lt. Mike Cunningham said. ``That's our job.''

City and county prosecutors said the Jenks-Maluje case is unique in the Southland - accused lawbreakers are pursued, but rarely forced to pay more than a fine and restitution to their victims.

What is happening to Jenks and Maluje is not unusual in other states and wilderness areas where getting lost - and rescued - can mean a big bill.

Wallace said his team went out on about 75 calls last year, involving a variety of skiers, hikers and other outdoor enthusiasts. Taxpayers picked up the check for all but three of the rescues.

One hiker had to pay because he lived outside of Los Angeles County. The other two bills were sent to snowboarders, including two 18-year-olds from Whittier who each face $5,000 tabs after getting lost at Mount Waterman.

Wallace said deputies rescue skiers only every two or three years, usually after someone is accidentally lost.

``It's never been a problem in years past as it is now with such an aggressive sport,'' Wallace said. ``Snowboarders seem to want to be extremists. Skiing out of bounds seems to be part of that.''

Lost and found

Jenks and Maluje ate cactus and slept in a cave before their 36-hour ordeal near Snow Crest Ski Resort was over. During a helicopter's third pass over Bear Creek Canyon, rescuers spotted the wayward snowboarders.

Jenks said he was so happy he kissed one of the men.

``I gave the guy who came to pick me up a big hug,'' Jenks said, in an interview last week outside the Glendale courthouse. ``He said, `Don't hug me, hug the harness.' ''

Elation turned to frustration days later, when a letter from the county came in the mail, pricing that helicopter ride at $7,500. The county also wants to bill Jenks and Maluje for the search crew's time. The misdemeanor trespassing charges carries a maximum $500 fine and six months in jail.

Danger to the rescuers

What makes cases involving snowboarders, hikers and mountain climbers different is the danger rescuers, including scores of volunteers, face in harsh rural terrain, Wallace said. This winter, a reserve deputy received a serious spinal injury during a rescue in San Bernardino County.

During the Jenks-Maluje search, two ski patrol members became mildly hypothermic and also had to be rescued. Other searchers noticed Maluje and Jenks' tracks disappearing into a fresh 250-foot-wide snowbank, and realized everyone in their party just missed being engulfed by an avalanche.

In the Mountain Dew-swigging world of extreme sports, Jenks and Maluje claim they aren't like the daredevils featured on cable television's ``X-Games.'' To the contrary, Jenks said it was only his seventh time on a snowboard.

``I'm not a mountain man,'' Jenks said. ``That's probably why I got lost.''

Both San Fernando Valley residents contend that there were no signs posted where they strayed and they didn't know they were trespassing. Even if there were signs, Jenks said, the fog would probably obscure the markers.

The rescue of Jenks and Maluje came less than two days after the death of 14-year-old Jeff Thornton, who got lost while snowboarding in the San Gabriel Mountains.

Jenks is extremely thankful to the 55 searchers who spent more than 400 hours hunting for him, but wonders if he's being made a scapegoat for a sport that's gotten a bad reputation.

``It's not the money, it's the principle,'' he said. ``They're stereotyping us and taking us to court for something we didn't do.''

Wallace disagrees, claiming both defendants were experienced skiers who admitted to him that they had been snowboarding out of bounds all day.

``Skiing and snowboarding are wonderful sports,'' Wallace said. ``Resort owners go to great expense and effort to maintain the (slopes) for all different levels of skiing. There's no reason for lives to be at risk.''

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PHOTO Snowboarders Claudio Maluje, left, and Patrick Jenks discuss their rescue after getting lost. The pair is being sued to recover rescue costs.

Gene Blevins/Special to the Daily News