Cass County Won't File Negligent Homicide Charge

Cass County prosecutors said they will not file a negligent homicide charge in the death of a 95-year-old West Fargo assisted living resident. (inforum.com) The case centered on Lorna Louise Pistorius, who was found outside Kinder Care in West Fargo on February 18, 2025, during subzero weather and later died. West Fargo police investigated and recommended a criminal charge against an employee. (inforum.com 1) (inforum.com 2) A negligent homicide case in North Dakota requires prosecutors to prove criminal negligence, not only a mistake or a policy failure. Cass County’s State’s Attorney’s Office said its review of the available evidence did not support filing that charge. (casscountynd.gov) (inforum.com) That decision closes the criminal side of a case that had been under review for more than a year after the February 2025 death. It also leaves West Fargo police’s recommendation short of prosecution, which can happen when investigators and prosecutors apply different legal standards to the same evidence. (inforum.com) (casscountynd.gov) Kinder Care is an assisted living facility, a type of licensed setting for adults who need help with daily living but do not live in a hospital or nursing home. North Dakota Health and Human Services says assisted living facilities serving five or more people must be licensed by the state. (kindercarefargo.com) (hhs.nd.gov) State oversight can still run on a separate track from criminal law. North Dakota’s Long-Term Care Ombudsman Program handles resident complaints, and assisted living homes are licensed through the state health system. (hhs.nd.gov 1) (hhs.nd.gov 2) Public records also show Kinder Care remains listed among North Dakota’s licensed assisted living facilities. A current state inventory identifies Kinder Care at 2235 Shiloh Street in West Fargo. (hhs.nd.gov) (kindercarefargo.com) For Pistorius’s family, the public record now ends with a declined charge rather than a criminal case in court. For Cass County, the next formal step would come only if new evidence changes prosecutors’ view of what can be proved. (inforum.com) (ndcourts.gov)