Prosecutors argue Ghost Ship duo was criminally negligent

OAKLAND — Two men charged with involuntary manslaughter after a fire broke out at a California warehouse, killing 36 people, disregarded the safety of others when they illegally converted the building into a residence for artists and threw unpermitted parties there, prosecutors said Monday.

At closing arguments in the trial of Derick Almena and Max Harris, Alameda County prosecutors said three dozen people had no notice, time or ability to escape the fast-moving fire in December 2016 because the warehouse was not properly equipped with smoke alarms or sprinklers.

Prosecutors said Almena rented the warehouse, initially for the purpose of building theatrical sets, but then he quickly sublet the space to other artists and filled it with highly combustible materials that fueled the fire. Harris, 29, is accused of helping Almena convert the warehouse, collect rent and coordinate parties.

Deputy Dist. Atty. Autrey James told jurors that to find the men guilty of involuntary manslaughter, they must agree their actions were criminally negligent.

“Is failure to get a permit criminally negligent? Absolutely,” he said.

Federal fire officials traced the origin of the blaze to a back corner on the ground floor of the warehouse. They did not determine a cause.

During the trial, the men’s attorneys raised the possibility that the fire was started by arsonists and argued that others shared the blame, including the city of Oakland, its Fire Department and the warehouse’s landlord.

Almena testified he did not rent the warehouse with the intention of moving in, but he said he could not prevent artists from sleeping there. He eventually moved in with his wife and their three children.

Harris described the Ghost Ship as a free-floating artist enclave where people furnished the space as they saw fit. He also rejected prosecutors’ characterization that it was a death trap. The men also testified that police, fire and child welfare officials had entered the warehouse and did not raise concerns about fire hazards.

Almena and Harris have also been named in lawsuits from victims’ families, who contend that Oakland’s fire and building departments failed to inspect the warehouse annually as required.

The case could be in the hands of a jury by early August.