Rockland DA: Evergreen Fire Prosecution 'Was A First-of-its-Kind Case'

ROCKLAND COUNTY, NY — Rockland County District Attorney Thomas Walsh delivered remarks Wednesday following the sentencing of Nathaniel and Aaron Sommer for their role in the deadly March 23, 2021 fire at the Evergreen Home for Adults in Spring Valley.

Judge Kevin Russo imposed a sentence of five years probation for the father and three years probation for the son.

Walsh has been under criticism about the plea deals the Sommers received, most recently from County Executive Ed Day.

"The outpouring of emotion following this devastating event has been deeply felt and understood by my office," he said, after expressing condolences to the families of Oliver Hueston and Jared Lloyd, the resident and firefighter who died in the conflagration. "Justice is more than just a concept—it's a sacred duty. It’s a commitment to the victims, their families, and each member of our community.

"My role as your District Attorney involves not just securing convictions but ensuring that justice is fair, balanced, and serves the community’s best interests," he said. "We take into account a myriad of factors, from the defendant's history to the intent and the nature of the crime, always adhering strictly to the ethical principles that guide our legal profession. We also have a long-standing policy that emphasizes alternatives to incarceration for first-time nonviolent or unintentional offenders. This is a principle I was transparent about when I ran for office and it's a guideline we've consistently applied throughout my tenure as District Attorney."

The impact of the fire on Lloyd's and Hueston's families and friends, and on the whole community, cannot be overstated, he said.

So while he would not comment in June when the plea deals were announced — because it would be inappropriate for any prosecutor to comment on a pending sentence outside the courtroom until the process is complete — he said he wanted to clarify some key points that have become subjects of contention.

"Let’s be clear on the facts. This was a first-of-its-kind case in the State of New York. The reckless conduct that both defendants engaged in, and ultimately admitted to, has no model, no previous case law, no true analogy; it is precedent setting. No one has been convicted, let alone arrested and prosecuted, for utilizing a torch and hot coals for a ritual religious cleaning in the manner the defendants chose that evening," he said. "When considering the appropriate action in this case, my office chose to accept a plea only under the condition that at least one of these defendants would fully acknowledge, in open court, the recklessness that led to the tragic deaths of Jared Lloyd and Oliver Hueston."

That did happen, on June 20, he said. "And, as a result, this was the first time a case of this nature has led to a manslaughter plea. Nathaniel Sommer pled guilty to the highest charges against him, signifying an acknowledgment of his culpability, as did Aaron by his plea. This plea will also likely serve as a foundation for any civil litigation the families might pursue."

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 rabbis had been conducting a pre-Passover cleansing routine there for 17 years.

The massive blaze and rescue operation drew in about 100 firefighters from four counties. Lloyd repeatedly entered the building to save residents, before sending out a Mayday call from an upper floor as it collapsed.

In opting for the plea deals, the DA's office eliminated the unpredictability that accompanies every jury trial, Walsh said. "Trials can be double-edged swords, with the possibility of lesser convictions or even acquittals. They are also emotionally taxing for everyone involved, including the victims' families."

He went on to say:

The primary driver for our decision to resolve the charges before trial – contingent on the defendants acknowledging culpability – were the findings from an exhaustive multi-agency investigation, publicly released by my office three months ago, which served as the factual bases for evaluating the evidence in this case.

The investigation revealed several mitigating facts that would prove challenging for the prosecution at trial.

This was a first-of-its-kind case, and the standard for conviction is "beyond a reasonable doubt," a standard that could impact a jury's decision significantly.

It would take one – only one – doubtful juror for the case to end in a hung jury, leaving the families no sense of closure or justice.

Our digital age makes it easy for facts to become muddled and distorted.

He urged those following the closely to read the reports the DA's office made public three months ago, which were compiled after a thorough and impartial investigation by agencies of the State of New York:

• NYS Office of Fire Prevention and Control Investigation Report
• Defendant’s Omnibus Motion w/ Exhibits
• People’s Affirmation in Opposition to Defendant's Omnibus Motion
• New York State Department of Public Service Investigation Report
• Defense Expert Report of John J. Lentini
• Court Transcripts for June 20, 2023 (Peoples position can be located on the bottom of pg. 13 and top of pg. 14)

For example, experts hired by the defense wrote that the prosecution's argument that under the Fire Code of New York State 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 a facility. They also threw doubt on exactly how the cleansing could have led to the fire given the infrastructure in the kitchen.

"The findings paint a complex, nuanced picture, and I firmly believe that a resolution before trial was the most responsible route under these circumstances," Walsh said.

Also, Judge 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 at the facility.

Walsh said the gravity of the decisions weighed heavily on the prosecutors.

"I empathize with the community's concerns and frustrations. But it's critical that a prosecution be fair and impartial," he said. "A person must be judged on their conduct alone; not on appearance, demeanor, or perceived group identity."

Justice isn't a one-size-fits-all concept, and it does not always mean incarceration, he pointed out; it's multifaceted and must take into account various factors, including intent and the specific circumstances of the crime.

"Our decision in this criminal case does not preclude other forms of justice or compensation for the families involved," he said.

He said his approach will always be driven by facts and evidence, legally sound, and respecting the intricacies of each case.

"It is my fervent hope that our community recognizes the care, diligence, and unyielding commitment to justice with which my office operates," Walsh said.