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

Hawaiian Airlines Hit by Cyber Attack

DON'T MISS

US House Committee Subpoenas Harvard Over Tuition Costs

DON'T MISS

Convicted Felon Caught With Guns, Ammunition in Fresno Bust

DON'T MISS

Fresno Advocates Want Respect for Immigrants, Defend Miguel Arias

DON'T MISS

Crypto Industry Moves Into US Housing Market

DON'T MISS

Bill Moyers, Broadcaster and LBJ’s White House Press Secretary, Dies at 91

DON'T MISS

Trump Says a Deal Related to Trade Was Signed With China on Wednesday

DON'T MISS

Clovis Police Searching for At-Risk Missing Man Last Seen in Fresno

DON'T MISS

State Department Approves $30 Million for Gaza Humanitarian Foundation

DON'T MISS

Wonderdog Still Barking: Justin Wilson Thrives With Boston Red Sox

UP NEXT

US Justice Department to Probe Hiring Practices at University of California

UP NEXT

Newsom and Legislature Tangle With Construction Unions Over Minimum Wage

UP NEXT

Tesla Executive, Elon Musk Confidant Leaves EV Maker, Bloomberg News Reports

UP NEXT

4 Million Acres of California Forests Could Lose Protection. What Trump’s ‘Roadless Rule’ Repeal Could Do

UP NEXT

Trump Administration Orders CA to Strip Trans Athlete of Medals

UP NEXT

SoCal Vice Mayor Urges Street Gang ‘Cholos’ to Rise Up Against ICE

UP NEXT

How a Birthday Boat Ride on Lake Tahoe Turned Tragic

UP NEXT

Cuomo Concedes to Mamdani in New York City Democratic Mayoral Contest

UP NEXT

Mamdani Holds Lead Over Cuomo in Democratic Primary for NYC Mayor

UP NEXT

Suspect in Bombing at California Fertility Clinic Dies in Federal Custody

Fresno Advocates Want Respect for Immigrants, Defend Miguel Arias

3 hours ago

Crypto Industry Moves Into US Housing Market

4 hours ago

Bill Moyers, Broadcaster and LBJ’s White House Press Secretary, Dies at 91

5 hours ago

Trump Says a Deal Related to Trade Was Signed With China on Wednesday

5 hours ago

Clovis Police Searching for At-Risk Missing Man Last Seen in Fresno

5 hours ago

State Department Approves $30 Million for Gaza Humanitarian Foundation

6 hours ago

Wonderdog Still Barking: Justin Wilson Thrives With Boston Red Sox

6 hours ago

Anna Wintour to Step Down From Vogue Editor-in-Chief Role, Media Reports Say

6 hours ago

Feds Charge Bullard High Teacher With Child Porn, Sexual Exploitation of a Minor

7 hours ago

New Data Clarifies a Lingering Question on 2024 Turnout

7 hours ago

Hawaiian Airlines Hit by Cyber Attack

WASHINGTON – Hawaiian Airlines said on Thursday that some of its IT systems were disrupted by a hack, adding its flights were operatin...

2 hours ago

Hawaiian Airlines airplanes on the runway at the Daniel K. Inouye International Airport in Honolulu, Hawaii, U.S. April 28, 2020.
2 hours ago

Hawaiian Airlines Hit by Cyber Attack

A view of Harvard campus on John F. Kennedy Street at Harvard University is pictured in Cambridge, Massachusetts, U.S., December 7, 2023. (Reuters File)
3 hours ago

US House Committee Subpoenas Harvard Over Tuition Costs

A convicted felon was arrested in Fresno County after investigators found a rifle, handgun, and ammunition while serving a search warrant. (Fresno PD)
3 hours ago

Convicted Felon Caught With Guns, Ammunition in Fresno Bust

3 hours ago

Fresno Advocates Want Respect for Immigrants, Defend Miguel Arias

American_Flag_Bitcoin_1280x720
4 hours ago

Crypto Industry Moves Into US Housing Market

Journalist Bill Moyers delivers the keynote speech at the People for the American Way Foundation's Spirit of Liberty dinner in Beverly Hills September 21, 2004. (Reuters File)
5 hours ago

Bill Moyers, Broadcaster and LBJ’s White House Press Secretary, Dies at 91

President Donald Trump speaks during a "One Big Beautiful" event at the White House in Washington, DC., U.S., June 26, 2025. (Reuters/Nathan Howard)
5 hours ago

Trump Says a Deal Related to Trade Was Signed With China on Wednesday

Clovis police are searching for Surinder Pal, 55, an at-risk man last seen in Fresno, after his car was found abandoned. (Clovis PD)
5 hours ago

Clovis Police Searching for At-Risk Missing Man Last Seen in Fresno

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

Search

Send this to a friend