PORTLAND, Maine — Cumberland County District Attorney Stephanie Anderson said Wednesday her office may still be weeks away from deciding whether to criminally prosecute Gregory Nisbet, whose Noyes Street building was the site of Maine’s deadliest fire in four decades.
Nisbet already faces three civil wrongful death lawsuits brought by families of fire victims, who argue the landlord was liable because of disabled smoke detectors and blocked exits found by fire investigators at the scene.
In a statement released Wednesday, Anderson confirmed she and Assistant District Attorney Bud Ellis met with representatives of the state fire marshal’s office, the Portland Fire Department and Portland Police Department.
But she cautioned that, despite previous media reports, her office remains in the investigation phase of the case. It “could be another couple of weeks before any prosecutorial decisions are made.”
“We understand the public interest and concern in this case, and our hearts go out to the families and friends of the six persons who died in this horrific fire,” Anderson said in a statement. “While we now have a good understanding as to how and when the fire started and how it spread, that is not the end of the inquiry. We need to review the investigation and determine whether additional information would be helpful to our analysis before we can determine whether criminal charges will be filed, and if so, what the charges will be.”
Portland Fire Chief Jerome LaMoria has told reporters the state fire marshal’s office has determined the cause of the fire was accidental, from the discarding of cigarettes into an insecure receptacle on the building’s porch.
But the chief said the fire marshal’s office turned its report over to the district attorney’s office because of concerns about blocked exits and disabled smoke detectors, among other things.
Other neighbors have complained in recent years that Nisbet kept an illegal — and potentially unsafe — third rental unit on the third floor of what was recognized by the city as a two-unit building.
“We also know that another factor was the arrangement or the actual legal use of the building, which is why the case is with the [district attorney’s] office right now,” Portland Deputy Fire Chief Keith Gautreau told CBS 13 Tuesday.
Anderson’s announcement Wednesday comes less than 24 hours after a meeting of the City Council’s Public Safety, Health and Human Services Committee considered a slate of possible fire and safety code inspection changes.
The Noyes Street property had been the subject of 16 neighbor complaints dating back to 2003, including several about trash and combustibles at the property.
The magnitude of the tragedy and track record of complaints motivated Acting City Manager Sheila Hill-Christian to assemble a task force to look into how the city performs and tracks its fire and codes inspections.
After more than two months of research and deliberation, the task force delivered its recommendations to the council committee on Tuesday night.
The task force has proposed adding three new inspectors and one official that would oversee all housing safety-related issues. They also want the Portland Fire Department to better educate the public on fire prevention.
Other ideas included ranking city properties based on safety risk, addressing the greatest needs first, using portable computer tablets on inspection sites and making Portland landlords register their properties with the city each year or face a fine.
Ashley Summers was at the meeting Tuesday. Her husband, Steven, died in the Noyes Street fire last year. She says she knows the changes will cost money and she urged city leaders to keep the victims in mind when deciding.
“This shouldn’t be a question of do we have the money. It should be a question of how much money do you need? As we know, many of these recommendations are not new,” Summers said. “We need to enforce them again. This takes money, so please think of the six victims’ families and the survivors when you decide — yes or no — if safety is your number one concern.”
The city estimates hiring the new code inspectors would cost $375,000. The city currently has one code enforcement officer who only responds to complaints.
The Nov. 1 blaze at the Noyes Street property was recorded as Maine’s deadliest in four decades, claiming the lives of tenants David Bragdon Jr., 27; Ashley Thomas, 29; and Nicole Finlay, 26; as well as apartment visitors Christopher Conlee, 25, of Portland; Rockland resident Steven Summers, 29; and Topsham resident Maelisha Jackson, 26.
What was left of 20-24 Noyes St. was demolished on Friday.
CBS 13 staff reporters Jared Pelletier and Jennifer Long contributed to this story.
