Man to plead guilty to deaths of 36 partygoers in fire

The master tenant of a cluttered, dilapidated San Francisco Bay Area warehouse where 36 people perished in a late-night fire in 2016 is scheduled to plead guilty Friday to the deaths, avoiding a second trial after the first ended in a hung jury.

Families of several victims told the East Bay Times last week that prosecutors told them Derick Almena, 50, will plead guilty to 36 counts of involuntary manslaughter in exchange for a nine-year sentence. Almena may serve little or none of that term because of time already spent behind bars and credit for good behavior.

Alameda County prosecutors say Almena was criminally negligent when he illegally converted the industrial Oakland warehouse into a residence and event space for artists dubbed the “Ghost Ship,” stuffing the two-story building with flammable materials, extension cords. It had no smoke detectors or sprinklers.

The Dec. 2, 2016, fire broke out at the warehouse during an electronic music and dance party, moving so quickly that victims were 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.

The case has been emotionally wrenching for family and friends of the victims, many who packed a courtroom for months in 2019, only to see a jury split on whether to convict Almena, who leased the building. The jury also found co-defendant Max Harris, who was the Ghost Ship’s “creative director” and would collect rent, not guilty at the same trial.

Colleen Dolan, mother of victim Chelsea Faith Dolan, told the East Bay Times that families were not informed of the plea deal possibility before last Wednesday.

“My heart dropped, especially when I heard it was going to be a slap on the wrist. I want my daughter back; we want to be with our family members who died. He gets to be with his family,” she said.

Almena had been jailed since 2017 until he was released in May because of coronavirus concerns and after posting a $150,000 bail bond. He is on house arrest with an ankle monitor in the city of Upper Lake, where he lives with his wife and children.

Tony Serra, Almena’s attorney, said Thursday that he could not comment because lawyers are under a gag order imposed by Superior Court Judge Trina Thompson.

The Alameda County district attorney’s office did not respond to a request for comment.