The remaining defendant charged in the deaths of 36 people killed in Oakland’s Ghost Ship warehouse fire, is expected to accept a plea deal that will keep him from prison and prevent him from undergoing a second trial, a victim’s family member said.
Derick Almena, the master tenant of the Fruitvale neighborhood warehouse, is expected to plead guilty to 36 counts of involuntary manslaughter on Jan. 22. In return, he will be sentenced to nine years in custody and three years of post-custody supervision.
A spokeswoman for the Alameda County District Attorney’s Office declined to comment on the plea deal, citing a gag order issued by Alameda County Superior Judge Trina Thompson.
The district attorney’s office shared the details of Almena’s plea deal with victims’ family members during a Zoom call Wednesday morning, said Colleen Dolan, whose daughter, Chelsea Faith Dolan, died in the blaze.
“I just feel heavy-hearted,” Dolan said Thursday. “I feel saddened and depressed. I expected more. I expected another trial.
“Almena could have done so little to have prevented this tragedy, but he chose to do nothing and then he tries to profess his innocence when we know the true innocent were the 36 young people who died,” she said.
Based on time served and good behavior, Almena could serve less than two more years of the sentence. It’s likely he will be able to finish his sentence at home under house arrest because of the COVID pandemic. Last May, Almena was released to his home in Lake County from Santa Rita Jail after posting a $150,000 bail. He had been in jail since his arrest in June 2017.
The plea deal comes after prosecutors worried they were not likely to get a conviction in a second trial, said Mary Alexander, a San Francisco attorney who represents families of 13 people killed in the fire.
“It is simply not justice,” Alexander said. “This is a man who was on the ground, built out this place, knew that it didn’t have the fire protections that it should have and knew that it was not permitted to have events there, and he needs to be held accountable for it.”
Almena, 50, and co-defendant Max Harris faced up to 39 years in prison if convicted of all charges stemming from inferno that occurred on Dec. 2, 2016, during an electronic music party in the warehouse. Almena and Harris were each charged with one count of involuntary manslaughter for every person who died in the blaze.
Defense attorneys argued that police, fire personnel and other city officials visited the warehouse multiple times before the deadly fire, but never formally flagged the location as being hazardous. Prosecutors argued that Almena invited dozens of people to live illegally in a space zoned only for storage. Almena hadmade adjustments to the warehouse and failed to install sprinklers, illuminated exit signs and smoke alarms. The space was crammed with motor homes, antiques and artwork.
In September 2019, Harris was found not guilty. However, the jury deadlocked on the charges against Almena — 10 of the 12 jurors agreed he was guilty of negligence in turning the warehouse into a deadly firetrap. Another trial was expected to begin Feb. 4.
In July, the Oakland City Council agreed to pay $32.7 million to settle lawsuits filed on behalf of 32 of the 36 people who died. The settlement directed $23.5 million to families of relatives who died in the blaze and $9.2 million going to Sam Maxwell, a survivor who the city says suffers from “severe, lifelong injuries.”
Sarah Ravani is a San Francisco Chronicle staff writer. Email: sravani@sfchronicle.com Twitter: @SarRavani
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January 15, 2021 at 06:00AM
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Derick Almena, defendant in deadly Ghost Ship fire, expected to accept plea deal, avoid second trial - San Francisco Chronicle
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