A Michigan man charged with arson in the 2024 destruction of the Parks-Belk in Downtown Morristown and planning to burn other buildings down is now free after the case was dismissed without prejudice (nolle prosequi) due to a lack of communication and cooperation from the building’s owner, according to Dan Armstrong, District Attorney General for Tennessee’s 3rd Judicial District.

Armstrong said the case can and will be refiled once they’re confident that the building’s owner, David Silverstein – who lives in New York – is available to testify at the trial.

“We had difficulty securing the owner’s attendance,” Armstrong said, confirming that Silverstein had cited some family health issues but also was slow to communicate with the DA’s office.

Morristown Mayor Gary Chesney emphasized that the case has not been “dropped” and that justice is being pursued.

“It’s my understanding that these charges have not been ‘dropped,’ (rather) that the case has been ‘nollied,’ and Mr. Cicirelli will be returned to Morristown to stand trial when a trial date has been set,” Chesney said.

Because the defendant had invoked his right to a speedy trial, there was no opportunity for the District Attorney’s Office to request a continuance. Had the trial began and a jury been empaneled, jeopardy would have attached and the DA’s office would not have been able to refile the charges.

The trial was due to start Monday, March 9 and the DA’s office requested Silverstein be in town at the start.

However, as the weekend approached, Silverstein told the DA’s office that he would not be able to make it until after lunch on Tuesday.

“His bottom line he couldn’t be there until after lunch Tuesday, “Armstrong said. “We had told him for weeks before, he needed to be here on Monday. The only thing I would say is we were not successful in getting a commitment. Having said that we will sit down with him to make sure he will attend … we’re going to have to have an understanding of cooperation before we do it.”

According to city leaders, Silverstein has been absentee in relation to his duties as the property owner of the buildings on the block that is on the northwest corner of Main Street and Cumberland Avenue.

He has been characterized by area civic leaders and Morristown city officials as difficult to reach to the point of having real, delaying consequences in renewing the property after the fire.

Silverstein’s refusal or inability to improve or sell the property, with interested buyers ready, has irked downtown stakeholders.

“This situation (with the Parks-Belk building) is one of those times when it helps to be a good neighbor,” Morristown Area Chamber of Commerce Director of Downtown Development Natasha Morrison said. “He’s not been a good neighbor.”

The buildings that still stand on his property have been in a state of noncompliance since the fire. In addition while officials allowed a grace period of months, for Silverstein to bring his property into compliance. Finally, fines were issued, and the severity was increased after non-response from the owner.

Silverstein now owes approximately $15,000 in fines in relation to code violations.

But, for now, in the legal case established against Cicirelli needs Silverstein’s participation, the DA said.

Armstrong explained there are several factors that a property owner must testify to in an arson case.

Essentially, the prosecution has to establish the nature of the complaint against the accused and a “complaining witness” is typically critical to that process.

In early January of 2024, Cicirelli, then 33 of Novi, Michigan, admitted to the destruction of the Parks-Belk building and placing five more full gas cans around Downtown with the idea of burning more, according to the Morristown Police Department.

He said he changed his mind after watching the Parks Belk Building burn.

Cicirelli allegedly drew the attention of first responders as he hung around the scene asking questions, according to a spokesperson with the Morristown Police Department. The spokesperson indicated the questions seemed to go beyond idle curiosity. Authorities found Cicirelli – who was in town after his truck broke down on the interstate – at an area motel.

According to the warrant, after being read his Miranda Rights, Cicirelli told police he entered the building and set the fire in multiple locations.

An MPD spokesperson said at the time that Cicirelli’s truck broke down near the Dandridge exit but he came to Morristown after searching the internet for the nearest Chevrolet dealer.

MPD officials said he had no criminal history of arson or other related crimes.

The Hamblen County Sheriff’s Office confirmed that he has been released from the Hamblen County Jail. Armstrong confirmed that Cicirelli is free and unfettered.

“We can’t hold him, because there are no charges,” Armstrong said, confirming a subpoena is a possibility.

The MPD confirmed that it is continuing enhanced patrols in the town’s business area.