Ed Day Reiterates Opposition To Fatal Fire Plea Deal

ROCKLAND COUNTY, NY — The day before father-and-son rabbis who cut plea deals while being prosecuted for causing the fatal fire at the Evergreen Court Home for Adults in 2021 were due to be formally sentenced, Rockland County Executive Ed Day reiterated his position opposing the details of the deals.

Nathaniel Sommer, 72, pleaded guilty to two felony counts of second-degree manslaughter, one for fire Lieut. Jared Lloyd and one for resident Oliver Hueston. The manslaughter charge was the top count in the indictment against him, the District Attorney's Office said.

Aaron Sommer, 29, pleaded guilty to second-degree reckless endangerment, a misdemeanor.

They are due in court for sentencing Wednesday.

"As a former first responder I am compelled to reiterate my statement from back in June, ahead of tomorrow’s sentencing, emphasizing my support for the wishes of the Lloyd and Hurston families who both feel they are not receiving the justice they deserve in this matter," Day said in a statement. "As the court record to date indicates, the two people responsible for this deadly blaze will not face any jail time for their reckless and felonious behavior.

"While I have no part in this decision, I have spoken at length with the family of Fire Lieutenant Jared Lloyd. There is an unanimity in their position that some jail time is warranted as victims are serving a death sentence and the families are serving a life sentence. With that they tell me that closure and justice will not be achieved without a jail sentence for the guilty parties, and I fully and unequivocally support the family’s position."

The original indictment included charges of second-degree manslaughter, criminal negligent homicide, second- and third-degree assault; fourth-degree arson and second-degree reckless endangerment.

The Evergreen Court Home for Adults was in a massive three-story century-old building, a former hotel, at 65 Lafayette St. The assisted living facility housed 112 residents. The fire was caused by the rabbis' pre-Passover routine there, as the NY Public Service Commission's report made clear in January:

the reckless and unpermitted use of a blow torch with a 20-pound propane tank and the use and conveyance of multiple large shovelfuls of hot burning coals into the facility during a ritual cleansing in preparation for an upcoming religious holiday conducted in the Evergreen Facility’s dairy kitchen ultimately which caused a fire to build within the wall and ceiling above the kitchen, erupting into 'a raging inferno' and spreading to adjacent portions of the facility.

An expert hired by the defense testified that the prosecution's proposition that the Fire Code of New York State states that the rabbis needed to obtain a "hot work" permit was not supported by the Code or the evidence. A hot work permit, if required, must be obtained by the facility, he said.

The PSC also noted "a history of building and fire code violations at the Evergreen Facility, dating back to the 1960s, 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."

Judge Kevin Russo had dismissed cases earlier in 2023 against former Spring Valley Building Inspector Wayne Ballard and former Spring Valley Building Inspector Ray Canario. Both had been charged in connection with the fire at the facility, a century-old hotel commonly considered a death trap. The judge found there was no proof that they had purposefully lied to New York officials about inspections or the lack of them.

Attorneys for the rabbis had tried unsuccessfully to have the charges against them dropped entirely, saying the father and son had performed the same pre-Passover ritual at Evergreen 17 times before. The judge upheld the indictment in 2022.

After word of the plea deals got out in June, criticism came fast and built quickly.

Officials at Columbian Fire Engine Co. No. 1, where Lloyd had been an active volunteer, organized a protest outside the courtroom that morning. Day issued a statement much like the one he issued Tuesday.

Rockland County District Attorney Thomas Walsh responded by releasing documentary evidence from the case.

SEE:

• Rockland Rabbis Avoid Jail Time In Fatal Fire Plea Deal
• Rockland County Exec Decries Evergreen Court Fire Plea
• Rockland DA Responds To Criticism Of Fatal Evergreen Fire Plea Deal