San Francisco Chronicle

Ghost Ship defendant gets reduction in bail

- By Sarah Ravani

One of two men charged with 36 counts of involuntar­y manslaught­er in the Ghost Ship warehouse fire in Oakland had his request to be released on his own recognizan­ce denied on Friday, but a judge lowered his bail by $330,000.

Derick Almena, 47, who was the master tenant of the Fruitvale neighborho­od warehouse, appeared briefly before Judge Kevin Murphy in Alameda County Superior Court. His attorneys asked that his bail of $1.08 million be eliminated so he could be released from the Santa Rita Jail in Dublin, where he has been held since June.

Though the judge did not grant the request, he did lower Almena’s bail to $750,000.

Almena’s co-defendant, Max Harris, who also appeared in court on Friday, made a similar request last month and was also rejected. Like Almena, his bail was also lowered to $750,000, which he has been unable to

raise.

Prosecutor­s say Almena illegally converted the warehouse on 31st Avenue into a live-work artist collective, using makeshift materials and a tangle of electrical wires that turned the building into a deathtrap. They also said Harris blocked an exit on the night of the Dec. 2 fire — a claim his attorneys have denied.

“We feel that really the bail issue became ultimately a pre-conviction punishment. We feel very frustrated and angry. We will take it obviously to the next step,” said Tony Serra, Almena’s attorney. “We do extend to the family of the victims our utmost compassion and sympathy. Obviously, their loss is a disaster, but that’s not a reason to impose punitive bail.”

Almena and Harris were scheduled to enter pleas on Friday, but the hearing was postponed until Sept. 13 to give their lawyers more time to review discovery evidence in the case.

Serra said he plans to meet with people next week who are willing to put up equity and property to secure Almena’s bail.

Sam Geller, an attorney for Harris, said that his office is working to organize an event to raise money for Harris’ bail.

Before Judge Murphy denied Almena’s release on his own recognizan­ce, another lawyer for Almena, Jeffrey Krasnoff, told the judge his client is not a flight risk, has deep ties to Alameda County and referenced character letters from supporters that had been submitted to the court beforehand.

Almena’s wife, Micah Allison, sat in the court gallery with nearly 10 friends who had come to show their support.

Prosecutor­s argued that the high bail was necessary to ensure Almena, who was living with his family in Lake County prior to his arrest, will show up in court for trial.

Also in the courtroom on Friday were Kim and David Gregory, the parents of Michela Gregory, one of the 36 people who died in the inferno during an unpermitte­d music event.

“We are very pleased that (Almena and Harris) will not be coming home to their families,” said Mary Alexander, an attorney for the Gregory family. “These young people who lost their lives will never come home to their families. Because they lost their lives, we think that it’s right and fair and just that these two defendants remain in jail.”

 ?? Paul Chinn / The Chronicle ?? Micah Allison hugs a supporter before a hearing for her husband, Derick Almena, who was denied release Friday.
Paul Chinn / The Chronicle Micah Allison hugs a supporter before a hearing for her husband, Derick Almena, who was denied release Friday.
 ?? Paul Chinn / The Chronicle ?? Tony Serra (right) and Jeffrey Krasnoff, attorneys for Derick Almena, talk to reporters after the Ghost Ship defendant’s bail was reduced to the same $750,000 as his co-defendant.
Paul Chinn / The Chronicle Tony Serra (right) and Jeffrey Krasnoff, attorneys for Derick Almena, talk to reporters after the Ghost Ship defendant’s bail was reduced to the same $750,000 as his co-defendant.

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