Evergreen Court Fire: Case Dismissed Against Former Inspection Chief

SPRING VALLEY, NY — A judge hearing the case against one of Spring Valley's building inspectors accused of falsifying a report about safety inspections at the Evergreen Court Home for Adults — where two people died during a massive fire in 2021 — dismissed the charges Thursday, saying there wasn't enough evidence.

"We are saddened and disappointed by Judge Russo’s decision," Rockland County District Attorney Thomas E. Walsh II said in a statement afterward. "The People believe that sufficient evidence was presented to establish the defendant's guilt beyond a reasonable doubt. Judge Russo disagreed and we will comply with the decision. Our office will continue to protect the interests of the people of Rockland and demand that all governmental agencies be managed in compliance with the law."

Judge Kevin Russo ruled that the DA's office failed to prove that Wayne Ballard knew the information he filed with the state was false or that his motive for filing the form was an attempt to deceive state regulators, The Journal News reported.

At issue was a report providing information on the Spring Valley building department's work in 2019, including the number of inspections, building permits, and C of Os — documents certifying a building is suitable for occupancy.

Firefighters considered Evergreen a firetrap, and Spring Valley was so widely known to not enforce building and safety codes that a state monitor had been assigned there. As the New York Public Service Commission said in January:

Staff’s review of subpoenaed documents from Rockland County and the Village of Spring Valley highlighted a history of building and fire code violations at the Evergreen Facility, dating back to the 1960’s, including faults in the fire suppression systems, inadequate evacuation infrastructure such as emergency lights and fire escapes, and unlicensed contractors performing plumbing and construction work. Further, the Village of Spring Valley was unable to produce records more recent than 2016. During its review of the documents that were produced, Staff observed instances of unresolved violations or recurring violations. These findings seem to indicate serious issues with local building and fire code compliance, a lack of proper code enforcement and oversight, and inadequate record keeping on the part of the Village of Spring Valley, which may be the subject of other ongoing investigations.

Ballard's attorney took advantage of the chaos in the Spring Valley building department, asserting files were so incomplete or misplaced that Ballard could have not known, TJN reported. Ballard, hired by Spring Valley on a two-year contract to head the building and public works department, had worked to clean up the mess, his lawyer said.

The fire began shortly after two rabbis finished a ritual cleansing in the Evergreen Court facility’s dairy kitchen, in preparation for Passover; done without a permit and, according to the PSC, with a blow torch with a 20-pound propane tank and large shovelfuls of burning coals.

The assisted living facility, a three-story building at 65 Lafayette St., housed 112 residents in a converted hotel built in 1903. As the fire spread, firefighter Jared Lloyd, 35, repeatedly rescued residents. He sent out a Mayday call from an upper floor before it collapsed, but could not be reached. Resident Oliver Hueston, 79, also died.

Six people were originally charged, including two of the facility's employees. Their cases were adjourned in contemplation of dismissal. Rabbis Nathaniel and Aaron Sommer still face criminal charges connected to the fire, as does Raymond Canario, the village's current chief building inspector, who was charged like Ballard with filing false reports.

The Sommers' next appearance in court is Feb. 14, lohud.com reported.

SEE ALSO:

• Evergreen Court Home's Owners Plan To Rebuild
• State Reports On Problems At Fatal Nursing Home Fire
• Sons Of Evergreen Court Resident File Lawsuit Over Death
• Adult Home Fire: Manslaughter, Arson, False Report Charges
• Village Hall Raided In Investigation Of Fatal Adult Home Fire