Evergreen Court fire: Charges against former Spring Valley Building Inspector dismissed

NEW CITY - A Rockland County judge Thursday dismissed the charges against former Spring Valley Building Inspector Wayne Ballard, handing the county district attorney a major defeat in his prosecutions resulting from investigations into the fatal adult home fire in 2021.

Judge Kevin Russo found the prosecution failed to provide evidence that Ballard knowingly provided false information in an all-encompassing state report on the village department's inspections for 2019.

Russo also ruled the prosecution failed to prove Ballard had any intent to defraud the state Department of State in the report.

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Assistant District Attorney Ryan Sweeney and Executive Assistant District Attorney Michael Dugandzic had argued Ballard knowingly filed false information in the 1203 report for 2019. Those reports provide information on the workings of the building department, such as the number of inspections, building permits, and certificates of occupancies.

On Thursday afternoon, Ballard left the courtroom with a reputation singed by being associated with the massive fire in which two people died - Spring Valley Second Lt. Jared Lloyd, 35, the father of two young children, and Evergreen Court Home for Adults resident Oliver Hueston, 79, the father of three adult sons.

Ballard's lead attorney Sanford Talkin, a former Brooklyn prosecutor, asked Russo to dismiss the charges after the prosecutors closed their case. The defense didn't need to call witnesses for Ballard.

"The judge agreed that there was clearly no intent to defraud by Mr. Ballard, and there was absolutely no evidence that Mr. Ballard knew that any of the information in the report was false," Talkin said. "The information, in fact, was not false."

District Attorney Thomas Walsh's office issued the following comment:

"We are saddened and disappointed by Judge Russo’s decision," Chief of Detectives Peter Walker said. "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," Walker said. "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."

One aspect of the case dealt with whether Evergreen Court for Home for Adults had been inspected.

Ballard's state report indicated Evergreen Court had been inspected on April 22, 2019. Ballard included that date based on Spring Valley Building Department records. Another record indicated no inspection, which prosecuted focused on.

The trial also focused on the poorly managed Spring Valley Building Department with files in disarray, piled under desks and in desk drawers and other government buildings. A former inspector, Manuel Carmona, testified to the department's dysfunction.

Another prosecution witness testified that Ballard worked hard to reorganize the office and get the mess with the files straightened out The witness, former village attorney Jeffrey Millman, told Russo that Ballard worked long hours and weekends.

Millman testified he recommend Spring Valley hire Ballard. They had worked together when Millman was a Clarkstown deputy town attorney and Ballard was the elected Clarkstown Public Works chief.

Spring Valley's enforcement of state fire and building codes had become so bad that the state deputized the Rockland County government to take charge in early 2022. A state monitor had been assigned for years to Spring Valley Building Department, as well. While the monitor was at the department, the village went several years not filing the 2013 reports with the state Department of State.

A grand jury charged Ballard with offering a false instrument for filing in the first and second degrees. Russo dismissed the grand jury's third count of second-degree falsifying a business record. Russo wrote the District Attorney's Office failed to establish a case on that charge.

Talkin said the prosecution's indictment soiled Ballard's reputation after a long career as a civil servant by linking him to the death of two people. Ballard had no role in what caused the fire but Walsh took him before the grand jury based on the investigation into Spring Valley Building Department.

Talkin said as a former prosecutor for Brooklyn District Attorney Joe Hynes, "I was not there to make the decision but as a former prosecutor I and my former office would never have brought this case."

The dismissal means so far Walsh has not obtained any significant convictions in the prosecutions resulting from the fire.

Prosecutors resolved cases against two former Evergreen Green Court employees - adult home director Denise Kerr and worker Manual Lema. Both received adjournments contemplating dismissal and testified before the grand jury.

Ray Canario, a former fire chief and village building inspector, faces the same charges as Ballard. His trial is pending. He's also charged with a separate count of filing a false document by having an old address on a job form with the Rockland Personnel Department.

The Evergreen Court inferno erupted hours after Rabbi Nathaniel Sommer and his son Aaron Sommer used a 20-pound blowtorch to cleanse the Evergreen Court ovens and kitchen for Passover.

Prosecutors charge the actions by the Sommers set off the fire. Both Sommers pleaded not guilty to manslaughter, negligent homicide, arson, assault, and other charges and have denied acting maliciously. The assault charges cover people injured in the fire, including a firefighter.

Their case is pending in court with their next appearance scheduled for Feb. 14 before Russo.

Talkin said Ballard wants to go back to his private life. Ballard, a trained engineer, had signed a two-year contract with Spring Valley with the intention of retiring.

"Mr. Ballard is a lifetime public servant and is sympathetic to the families for their loss," Talkin said. "For him to be accused of anything related to the two deaths was nothing short of a personal tragedy. He had the opportunity to clear his name and he looks forward to going back to being a respected member of the community."

Steve Lieberman covers government, breaking news, courts, police, and investigations. Reach him at slieberm@lohud.com. Twitter: @lohudlegal. Read more articles and bio. 

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This article originally appeared on Rockland/Westchester Journal News: Evergreen Court fire: Charges against Wayne Ballard dismissed