Please ensure Javascript is enabled for purposes of website accessibility
California Warehouse Fire Limps on After Hung Jury
gvw_ap_news
By Associated Press
Published 6 years ago on
September 7, 2019

Share

OAKLAND — An emotionally taxing criminal case over the deaths of 36 people trapped in a fire inside a San Francisco Bay Area warehouse nearly three years ago will continue after a jury acquitted one defendant and deadlocked on the other.

“I’m in shock. We were hoping for justice, but we didn’t get justice today.” — David Gregory, whose 20-year-old daughter Michela perished in the fast-moving fire
Jurors deliberated over a two-week period before they acquitted Max Harris on Thursday of involuntary manslaughter but said they could not agree on whether to convict or acquit Derick Almena, prolonging a case already beset by delays. Sobs and gasps erupted from family and friends of the victims as the judge declared a mistrial.
The men were accused of filling a warehouse building in Oakland with so much clutter that it trapped people when the December 2016 fire broke out during an electronic music party.
Almena, 49, and Harris, 29, had pleaded no contest to manslaughter and were set to be sentenced last year to nine and six years in prison, respectively. But a judge threw out their pleas after many of the victims’ families objected.
“I’m in shock,” said David Gregory, whose 20-year-old daughter Michela perished in the fast-moving fire. “We were hoping for justice, but we didn’t get justice today.”
Michela Gregory and her 22-year-old boyfriend, Alex Vega, died when fire roared through the so-called Ghost Ship warehouse. It had been illegally converted into a live-work space for artists and held parties and other events.

Family and Friends Packed the Courtroom for the Trial

The building was packed with furniture, extension cords and other flammable material but had only two exits and no smoke detectors, fire alarms or sprinklers, prosecutors say.
The blaze killed many young people trapped on the illegally constructed second floor. Prosecutors said the victims received no warning and had little chance to escape down a narrow, ramshackle staircase.
Vega’s mother, Mary, was angry about Thursday’s outcome but didn’t regret the plea agreement getting tossed. She said she was glad that Harris served more than two years behind bars awaiting trial.
“It’s something,” she said. “Doesn’t matter, it’s not going to bring my son back.”
Her son and Alex Vega’s brother Alberto, 36, said Almena should be re-tried. Ten jurors wanted to find him guilty, but two disagreed.
“I know it’s going to be long and exhausting, like this already was,” Alberto Vega said. “The whole thing just sucks.”
Prosecutors acknowledged the emotional toll of the trial on the victims’ loved ones and said they would meet with families and others to evaluate their next steps in the case against Almena, including a retrial. Almena remains in custody and is due in court again Oct. 4.
Family and friends packed the courtroom for the three-month trial, leaning on each other for comfort. Jurors began deliberating July 31 but had to start again in mid-August after the judge replaced three jurors for misconduct.

Defendants Argued City Workers Were to Blame

“In all honesty, the worst day of my life was on Dec. 2. It can’t get any worse than that. It’s just a lot of suffering after that, and we continue to suffer,” said Judy Hough, whose son Travis died in the fire at age 35.
“It’s like the thing that never ends.”

“In all honesty, the worst day of my life was on Dec. 2. It can’t get any worse than that. It’s just a lot of suffering after that, and we continue to suffer. It’s like the thing that never ends.” — Judy Hough, whose son Travis died in the fire at age 35
One of Almena’s attorneys, Brian Getz, broke down in tears when asked for comment Thursday, saying “people shouldn’t forget what happened to those 36” people. Another attorney, Tony Serra, said he was pained and anguished but vowed to win the case for Almena.
“In the next trial, we’ll do better,” Serra said. “It may be hung again, or he may be acquitted, but we’re not going to lose.”
Almena, 49, was the master tenant of the warehouse and Harris, 29, acted like a manager by collecting rent and settling household disputes, prosecutors said.
In closing arguments, Alameda County Deputy District Attorney Autrey James said the men didn’t obtain permits because they didn’t want inspections and they violated the fire code by refusing to install safety devices.
The defendants argued that city workers were to blame for not raising concerns about fire hazards and said the fire was arson. Investigators have never found its cause, meaning arson cannot be ruled out.
Serra, Almena’s attorney, repeatedly brought up instances in which fire, police and other officials toured the two-story building and never said anything about it posing a danger.
Harris’ attorney, Curtis Briggs, argued that his client had no leadership role at the warehouse and that he had not even been there when Almena signed the lease in 2013. Harris was released from jail Thursday.

DON'T MISS

What Are Fresno Real Estate Experts Predicting for 2025 and Beyond?

DON'T MISS

First California EV Mandates Hit Automakers This Year. Most Are Not Even Close

DON'T MISS

Fresno Man Arrested in 2004 Cold Case Rape and Murder

DON'T MISS

Valley Crime Stoppers’ Most Wanted Person of the Day: Willie Ray Butler

DON'T MISS

California’s Economy Ranks Fourth Worldwide, Surpasses Japan

DON'T MISS

Fresno County Traffic Stop Leads to $600K Cocaine Bust

DON'T MISS

Fresno Ranks Fourth in US for an Affordable Night Out

DON'T MISS

New US SEC Chair Says Crypto Sector Deserves Clear Regulations

DON'T MISS

US Officials Arrest Milwaukee Judge for Obstructing Immigration Operation

DON'T MISS

Exclusive: US Congress Republicans Seek $27 Billion for Golden Dome in Trump Tax Bill

DON'T MISS

China Exempts Some Goods From US Tariffs

DON'T MISS

Luigi Mangione Due in Court for Arraignment as Prosecutors Seek Death Penalty

UP NEXT

Why Texas Is Ahead of California on Bilingual Education

UP NEXT

Abundance Meets Resistance: Are CA Dems Finally Ready to Go All In on Building Housing?

UP NEXT

Less Than Half of Californians Think K-12 Schools Are on the Right Track: Poll

UP NEXT

On Major Economic Decisions, Trump Blinks, and Then Blinks Again

UP NEXT

How Trump Tariffs Could Upend California Farms, Wine Businesses, and Ports

UP NEXT

Survey: Californians Blame Utility Company Spending, Profits for High Electricity Rates

UP NEXT

Chicago Bears Great Steve McMichael Dies at 67 After Battle With ALS

UP NEXT

Long Wait Is Over for Cam Ward, Travis Hunter and Other Draft Prospects Joining the NFL

UP NEXT

Golden State’s Jimmy Butler Injured in Game 2 Loss, His Status for Game 3 Unknown

UP NEXT

Jalen Green Makes Eight 3s to Help Rockets Even Series With Warriors

Fresno County Traffic Stop Leads to $600K Cocaine Bust

46 minutes ago

Fresno Ranks Fourth in US for an Affordable Night Out

53 minutes ago

New US SEC Chair Says Crypto Sector Deserves Clear Regulations

1 hour ago

US Officials Arrest Milwaukee Judge for Obstructing Immigration Operation

2 hours ago

Exclusive: US Congress Republicans Seek $27 Billion for Golden Dome in Trump Tax Bill

3 hours ago

China Exempts Some Goods From US Tariffs

3 hours ago

Luigi Mangione Due in Court for Arraignment as Prosecutors Seek Death Penalty

3 hours ago

Shedeur Sanders Snubbed in NFL Draft’s Round 1 but Leads List of Top Available Players for Day 2

3 hours ago

Chargers Choose North Carolina RB Omarion Hampton in Effort to Boost Offense

3 hours ago

49ers Draft Georgia Edge Rusher Mykel Williams With the No. 11 Pick in the NFL Draft

3 hours ago

Fresno Man Arrested in 2004 Cold Case Rape and Murder

A Fresno man has been arrested in connection with a decades-old cold case after DNA technology linked him to the 2004 murder and sexual assa...

31 minutes ago

Robert Castillo (left), 61, of Fresno, has been arrested in the 2004 murder and sexual assault of Barbara Lee after DNA evidence linked him to the cold case and two additional rape investigations. (Fresno County SO)
31 minutes ago

Fresno Man Arrested in 2004 Cold Case Rape and Murder

Willie Ray Butler is Valley Crime Stoppers' Most Wanted Person of the Day for April 25, 2025. (Valley Crimes Stoppers)
39 minutes ago

Valley Crime Stoppers’ Most Wanted Person of the Day: Willie Ray Butler

40 minutes ago

California’s Economy Ranks Fourth Worldwide, Surpasses Japan

A CHP K-9 unit discovered 13 pounds of cocaine worth over $600,000 hidden in a vehicle's exhaust tunnel during a traffic stop on I-5 in Fresno County on Thursday, April 24, 2025. (CHP)
46 minutes ago

Fresno County Traffic Stop Leads to $600K Cocaine Bust

53 minutes ago

Fresno Ranks Fourth in US for an Affordable Night Out

The seal of the U.S. Securities and Exchange Commission (SEC) is seen at their headquarters in Washington, D.C., U.S., May 12, 2021. Picture taken May 12, 2021. (REUTERS/Andrew Kelly/File Photo)
1 hour ago

New US SEC Chair Says Crypto Sector Deserves Clear Regulations

Hannah Dugan speaks as she was seeking election to Milwaukee County Circuit Court during a forum at the Milwaukee Bar Association in Milwaukee, Wisconsin, U.S., March 15, 2016. Mike De Sisti / USA TODAY NETWORK via Imagn Images via (REUTERS/File Photo)
2 hours ago

US Officials Arrest Milwaukee Judge for Obstructing Immigration Operation

A Lockheed Martin Terminal High Altitude Area Defense (THAAD) missile interceptor is seen during the third annual "Made in America Product Showcase" on the South Lawn of the White House in Washington, U.S., July 15, 2019. (REUTERS/Kevin Lamarque/File Photo)
3 hours ago

Exclusive: US Congress Republicans Seek $27 Billion for Golden Dome in Trump Tax Bill

Help continue the work that gets you the news that matters most.

Search

Send this to a friend