Instead, Derick Almena, who was jailed in 2017 awaiting his trial, will serve the remaining year and a half of his sentence in the community with an ankle monitor. He was convicted on 36 counts of manslaughter for the deaths of 36 people who died in the Ghost Ship warehouse fire.
The sentence ended an emotional day of testimony from the victim’s family, who urged the judge to reject the plea bargain and issue a tougher sentence for Almena.
“This case was probably one of the most overwhelming experiences that I, as a lawyer, have ever had,” said Judge Trina Thompson. “This haunts me regularly.”
Almena addressed the families in a note read by her lawyer, Tony Serra.
“I’m sorry,” read Serra. “I am very afraid to say more. I am sick with shame. I am so sorry. My shame cannot be a defense against what I am responsible for. “
Nancy O’Malley, the district attorney for Alameda County, said in a statement that, since the fire started, the victims’ families have been “in the forefront of our minds”.
“Although this case is now resolved, those who tragically lost their lives that night will be remembered and mourned forever,” she said.
Almena’s sentence took a strange turn when the judge asked if he was drugged.
After some family members raised concerns that Almena appeared to be dozing during his impact statements, Thompson called for a 15-minute break.
Thompson said she was “concerned” about the “nod” and the “irregularity” of her movements.
“I’m going to ask the council very directly, has the defendant been using drugs, narcotics or anything else?” she asked.
Serra, Almena’s lawyer, said that Almena is thrilled because hearing the statements is “overwhelming”.
“I think he’s fine, Your Honor,” he said. “It is not a question of drugs, Your Honor, it is a question of pain.”
Still, she asked for a break. When they returned from the break, Thompson said his assistant was searched in Almena for drugs, but found none. According to her, the movement of Almena’s leg during the sentence indicates that he is present.
Almena, the 50-year-old tenant at the Fruitvale neighborhood warehouse that burned in 2016, pleaded guilty in January to 36 counts of manslaughter. The plea avoided a second trial.
Almena’s sentence was in exchange for her guilty plea. He posted a $ 150,000 bail in May and was released at his Lake County home after being arrested since June 2017.
The victims’ family members shared poignant statements during the sentence – berating Almena for her part in the fire and asking Thompson to reject the court settlement.
“We ask that you reject this court settlement,” said David Gregory, Michela Gregory’s father. Michela Gregory died in the fire. “We beg you. This court settlement is not justice for a crime of this magnitude and deserves more severe punishment and not a slap on the wrist. “
Thompson said he accepted the deal for a number of reasons, including a limited group of juries, the difficulty that witnesses could face in traveling to the trial due to the pandemic and because Almena admitted her guilt.
On Monday, families mourned the loss of their children and siblings and, in tears, paid tribute to their loved ones, remembering them as passionate artists, students and musicians.
Colleen Dolan, whose daughter, Chelsea Faith Dolan, died in the flames, contained the tears before speaking. Thompson told her to take it easy. Dolan remembered his brilliant daughter and daughter, and then addressed his statements to Almena.
“I curse you with all the power that the universe gives to a bereaved mother,” she said. “I don’t forgive you and I never will. May you burn in the hellish nightmares you created. “
Nicole Siegrist’s mother, who died, also spoke. Siegrist was a student at Laney College, musician, keyboardist, singer and songwriter. Her mother said she would never be able to see her daughter graduate, have a family or become a grandmother.
“I am a changed person,” she said. “I will never be able to speak to my daughter again.”
Gary Plotkin, Vanessa Plotkin’s father, said his daughter’s absence is felt “everywhere.”
“Her absence is felt at every family gathering, every birthday, every holiday,” he said. “Her absence is felt every day and every minute of our lives.”
On December 2, 2016, hell broke out at a warehouse party. Almena and co-defendant Max Harris were charged with one count of involuntary manslaughter for every person who died in the fire.
In August 2018, the judge in the case rejected a plea bargain from Almena saying he showed no real remorse for the deadly fire. The judge’s decision rejected an agreement made between the public prosecutor’s office, Harris and Almena, paving the way for a trial.
At the trial, defense lawyers for Almena and Harris argued that police, firefighters and other city officials were at the warehouse several times, but never considered it dangerous.
Prosecutors said Almena allowed dozens of people to live illegally in a zoned space just for storage and did not install sprinklers, illuminated exit signs and smoke alarms. The warehouse was full of motorhomes, antiques and works of art.
During the preliminary hearing in December 2017, a fireman testified that he was concerned about the large amount of flammable material stored inside the warehouse after a visit two years before the fire.
In September 2019, a jury found Harris innocent. The jury tied the charges against Almena. Ten of the 12 jurors agreed that he was guilty of negligence in turning the warehouse into a death trap. Another trial was scheduled to begin on February 4. On Monday, Thompson said Almena is not allowed to have any contact with Harris.
The Oakland City Council agreed to pay $ 32.7 million to settle lawsuits in July 2017 filed on behalf of 32 of the 36 people who died. The agreement included $ 23.5 million for the victims’ families and $ 9.2 million for a survivor who suffers from “serious lifelong injuries”.
Almena was also ordered to pay about $ 181,000 in restitution for funeral expenses and counseling, and he will be under post-custody supervision for three years. A restitution hearing will be held on April 30.
Sarah Ravani is a writer for the San Francisco Chronicle. Email: [email protected] Twitter: @SarRavani