Rockland DA Responds To Criticism Of Fatal Evergreen Fire Plea Deal

NEW CITY, NY — After mounting criticism, much of it from local fire departments, the Rockland County District Attorney's Office released six documents connected to their case against the two rabbis who caused the 2021 fire at the Evergreen Court Home for Adults that killed two people.

The rabbis pleaded guilty June 20 in return for probation on manslaughter and reckless endangerment charges.

"In the public’s interest and to provide as much information as possible, we are releasing the following documents," the DA's office said on Facebook. "The matter is still pending and not fully disposed of until sentencing is complete. Therefore, any public comments outside of the record made in Court on that date is inappropriate."

• 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)

Resident Oliver Hueston, 79, and fire Lieut. Jared Lloyd, 35, died. Lloyd, who repeatedly entered the building and rescued residents, sent out a Mayday call from an upper floor before it collapsed, but could not be reached.

The fire was caused by the rabbis' pre-Passover routine at Evergreen, 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 at the facility.

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.

On June 20, Nathaniel Sommer, 72, pleaded guilty to two felony counts of second-degree manslaughter, one for Lloyd and one for Hueston. The manslaughter charge was the top count in the indictment against him, the District Attorney's Office said. The original indictment had also included negligent homicide, second-degree assault, arson and reckless endangerment.

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

After word of the plea deals got out, 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.

Rockland County Executive Ed Day said he had spoken to the Lloyd family, who told him closure and justice would not be achieved without a jail sentence for the guilty parties. "I fully and unequivocally support the family’s position," Day said.

A few days latter, officials at Hillcrest Fire Co. No. 1 told the judge and District Attorney Thomas Walsh that they were no longer welcome to attend any of its events. Offering a plea deal showed a lack of integrity, they said, demanding Walsh resign.

In a public statement, Columbian officials thanked the entire firefighting community in Rockland County and beyond, for the overwhelming amount of support they had received since the rabbis pleaded guilty June 20.

"Although we are saddened by the legal proceedings we also understand that no decision would bring Jared back or heal the pain in our hearts from his untimely loss," wrote Captain Shareef Conjura.

Sentencing for the Sommers was adjourned to Sept. 20.

SEE ALSO:

• Evergreen Court Home's Owners Plan To Rebuild
• Rockland Rabbis Avoid Jail Time In Fatal Fire Plea Deal
• Rockland County Exec Decries Evergreen Court Fire Plea Deal