San Francisco Chronicle

Ghost Ship fire:

Manslaught­er charges are ‘distractio­n,’ lawyer says

- By Evan Sernoffsky

Families of victims wait at court appearance to catch a glimpse of man accused of manslaught­er.

One of two men charged with 36 felony counts of involuntar­y manslaught­er in Oakland’s Ghost Ship fire appeared in an Alameda County court filled with victims’ families Thursday.

Wearing buttons with pictures of their dead loved ones, many parents hoped to catch a glimpse of 47-year-old Derick Almena, who stood in his dark orange jail clothes, saying nothing during the brief hearing.

“I just wanted to see his face, his expression,” said David Gregory, whose 20-year-old daughter, Michela, was killed in the Dec. 2 fire.

Gregory and his wife, Kim, were looking for remorse on Almena’s face, but said they could barely see the defendant standing behind glass.

Asked if he was satisfied with the charges, Gregory said, “It’s a start.”

Almena, the master tenant of the Ghost Ship warehouse, and 27-yearold Max Harris, the art space’s creative director, were charged Monday by the Alameda County district attorney’s office. Both men face up to 39 years in prison if convicted.

Harris, who was arrested in Los Angeles, was returned to Alameda County and is scheduled to appear in court Tuesday. The defendants are each being held on $1,080,000 bond.

Attorneys for Almena, who was arrested in Lake County, called the charges “a distractio­n” and blamed the city of Oakland and soaring rents for the tragedy, signaling a possible defense strategy.

“This creates a distractio­n so that the local government does not have to address the fundamenta­l issues of housing and equality and fire safety that will continue to be a problem in this community,” Jeffrey Krasnoff said outside the courtroom. “They have not addressed their failings.”

Almena did not enter a plea Thursday. His arraignmen­t was postponed until next Thursday.

Krasnoff acknowledg­ed the fire as “one of the most profound tragedies to strike the Bay Area” but argued that “no public good” will come out of prosecutin­g his client.

He and his co-counsel, Tony Serra, have called the charges “a miscarriag­e of justice” and described Almena as “a scapegoat.” They will hold a news conference related to the charges at their San Francisco law offices Friday.

Gregory called Krasnoff ’s statements on Thursday “nonsense.”

The fire broke out during a music event at the Ghost Ship warehouse on 31st Avenue in the Fruitvale section of Oakland that had illegally been converted into a live-work artist collective.

Monday’s arrests capped a six-month investigat­ion that began the night of the fire. Most of the victims were trapped on the second floor as flames and smoke engulfed the building.

Investigat­ors have not determined a cause for the fire but said the warehouse was of full of highly flammable materials, including tapestries on the walls and a makeshift stairway made of wooden pallets. A tangle of electrical wires that snaked through the building was fed from a power source in a neighborin­g auto-repair shop.

The district attorney’s office called Almena and Harris’ actions before the fire “reckless” and said they created “a high risk of death.”

 ?? Evan Sernoffsky / The Chronicle ?? David Gregory, whose daughter died in the Ghost Ship fire, said claims the two men facing involuntar­y manslaught­er charges are scapegoats are “nonsense.”
Evan Sernoffsky / The Chronicle David Gregory, whose daughter died in the Ghost Ship fire, said claims the two men facing involuntar­y manslaught­er charges are scapegoats are “nonsense.”
 ??  ?? Max Harris was the creative director of the art space.
Max Harris was the creative director of the art space.
 ??  ?? Derick Almena faces 36 counts of involuntar­y manslaught­er.
Derick Almena faces 36 counts of involuntar­y manslaught­er.

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