GUILTY CA - Massive fire at Oakland warehouse party, 36 dead, 2 Dec 2016 #3

[Niner]

Ghost Ship master tenant may take new plea deal: 2 Investigates

The man at the center of the Ghost Ship fire criminal trial may accept a new plea deal as early as Friday, to avoid more ‘sadness and suffering’ by the victims and families.
[.....]
Almena appears to be having a change of heart about mounting a defense in court to prove his innocence. He turned down a deal a couple weeks ago when prosecutors offered 18 years in prison, however, new negotiations have Almena prepared to settle in order to put all of this behind him. He wouldn’t reveal the exact details of the latest offer from the Alameda County District Attorney’s office, saying he feared ruining the negotiations.

More at link.

 

[MsMarple]

Ghost Ship master tenant may take new plea deal: 2 Investigates



More at link.

*taking out tiny violin*
In the raw video Almena starts out saying that the transformer that was suspected to be the cause was stolen from the auto shop attached next to the Ghostship. He also says much evidence was lost because LE and firefighters removed evidence to a "muddy field." That part is true but I'm not sure there was critical evidence among the piles of Almena's precious tchotchkes that he and his wife wasted money on instead of fixing the safety issues.

Apparently he can't connect the dots between an overloaded transformer and his responsibility, just like his constant denial about the rickety stairs - yes Derick they were a death trap!

Then he goes on to talk about all the other people who are guilty and how he doesn't want to upset their lives. He's a real martyr he is. Next he complains about the conditions in jail - he doesn't get to run, touch his children, the diet is causing onset of diabetes and whine, whine, whine.

I'll let y'all hear the rest for yourselves if you can stomach it. He's trying to paint himself as a sacrificial lamb in order to protect the victims' family and all the people he believes are also responsible for the deaths.

As an aside, I usually don't comment on physical appearances but I'll make an exception here because IMO his dramatic weight gain is due to his not having access to drugs and not so much the jail diet.

No matter how much he claims sympathy and empathy for the victims or how much he claims that he takes responsibility for his part it's clear that his agenda in the interview is to make sure everyone knows how responsible everyone else is and how he's carrying the burden of being victimized. Makes me sick.

I'm pretty sure a deal will be reached and I'm hoping that it includes jail time. Ugh, I've got the sound running and now he's talking about how he took in all the "vagabonds" who were unloved. Barf.

 

[Niner]

That's how I interpreted in what he said MsMarple. Barf is right!

I'll go see if there isn't an update on the hearing yesterday....

 

[Niner]

UPDATE: Plea deal reached for both Ghost Ship defendants

OAKLAND — In a late bid to avoid a jury trial set for July 16, the two men charged with involuntary manslaughter in the Ghost Ship warehouse fire that killed 36 people reached a plea deal Friday, according to a defense attorney.


Details of the deal will remain confidential at least until Tuesday.


The plea deal was reached late afternoon after more than two hours of negotiations in the judge’s chambers, defense attorney Tyler Smith told the Bay Area News Group. Smith represents co-defendant Max Harris.
[.....]
Alameda County Superior Court Judge Morris Jacobson ordered everyone to return to court that day to conclude any pretrial motions.


Earlier in the day, Serra indicated both defendants had tentatively agreed to an eight-year prison sentence but warned that talks could break down in Jacobson’s chambers.

So - looks like they will be back in court on Tuesday, July 3rd.

 

[EuTuCroquet?]

Thank you for the plea deal update, @Niner!

And for reference to @MsMarple's suggestions about Almena's weight gain — I think you're exactly right. He looks like a modern-day Manson, imho.


Photo source

 

[Jinkasaurus]

^^^ wow- I can't believe how much weight he has gained!! Maybe he was also someone who relied on a very low carb diet to maintain his weight.. something that would be impossible in jail

 

[MsMarple]

^^^ wow- I can't believe how much weight he has gained!! Maybe he was also someone who relied on a very low carb diet to maintain his weight.. something that would be impossible in jail

According to the couple's past babysitters, various friends and Micah's father both parents were heavy drug users. IMO they relied on a meth, heroin and crack diet.

Relatives and colleagues of the leader of the Oakland artists' colony where dozens died in a fire over the weekend say he saw himself as a kind of guru craved having followers but cared little for their well-being.

Acquaintances painted a devastating portrait of Almena and his longtime partner, Micah Allison.

They say that Almena ignored complaints about unsafe and unsanitary conditions at the building, that the couple used methamphetamine and other drugs and that they lost custody of their three children for several months.

"Honestly, I don't think he is capable of feeling any kind of remorse or guilt," said Allison's father, Michael Allison of Portland, Oregon. "I've never seen him ever really care about anyone else."

He described the couple as users of methamphetamine, heroin and crack and said their three young children were taken away from them by social service authorities for several months beginning last year. The youngsters were found hungry, infested with lice and ill-clothed, he said.

Michael Allison recalled Almena and Micah once bowling over with laughter when they told of a fire-breather accidentally setting himself on fire at one of their many parties at the building, which was widely known as the Ghost Ship.

"Ghost Ship" operator Derick Ion on probation for receiving stolen property
Oakland Ghost Ship fire witnesses call warehouse 'death trap'

 

[Jax49]

***** *****

 

[Jax49]

Ghost Ship pair agree to plea deals in fire that killed 36, lawyer says

Smith said earlier Friday that the judge in the case had proposed an eight-year sentence to his client and Almena. Prosecutors and defense attorneys took turns Friday afternoon in Judge Morris Jacobson’s chambers, having separate discussions.

After emerging from chambers late in the afternoon, prosecutors invited relatives of the Ghost Ship victims across the hall to a separate courtroom. They had no comment afterward.

Almena’s attorney, Tony Serra, said earlier that prosecutors had made an offer close to what the defense viewed as acceptable.

 

[gitana1]

We got an email yesterday:

Dear Families:

We are writing to let you know that earlier this afternoon, a plea agreement was reached in the matter of People v. Max Harris and Derick Almena. Both Defendant’s will enter pleas of “no contest” and be found guilty of 36 counts of involuntary manslaughter. Defendant Max Harris will receive a term of six (6) years in the local prison, while Defendant Derick Almena will receive a term of nine (9) years in local prison.



In reaching our decision to reach a plea deal with the Defendants, our office considered many factors, including:



· The likelihood of getting a higher sentence after a successful jury trial. In our experience, while we felt we could possibly get a slightly higher sentence after a successful jury trial, there are no guarantees in a jury trial. A jury could acquit the defendants, or a Judge at sentencing could give the Defendant’s probation with no jail time, or significantly less time than we received through this plea bargain.



· The stress and heartache that a long jury trial would have had on family and friends of the victims. A jury trial would have taken 4-6 months, with every detail of December 2 presented as evidence in shocking detail. This would include making public disturbing photos of the victims. While we would be willing to do that for the possibility of a higher sentence for the defendants, the current plea bargain is within the range of what we think a Judge would sentence the Defendant’s to after a jury trial, and it spares families from having to re-live the tragedy of December 2.

The Defendant’s will enter their pleas on Tuesday, July 3, 2018 at 2 PM in Department 13 of the Alameda County Superior Court (1225 Fallon Street, Oakland, CA 94621). At the hearing on Tuesday, July 3, another date will be set 1-2 months out for the sentencing of both Defendants. Under the law, you will be allowed to either write or come speak at sentencing to give a victim impact statement. Our office will follow-up in a separate email to discuss how to arrange to make a victim impact statement.

 

[gitana1]

I can tell you that as an avid websleuther for 14 years, this is the one case I do not follow on here. Or in the news. Every update I receive makes my stomach turn. I don't like to think about it. Our family rarely talks about it.

As I'm writing this, my stomach is nauseous and there is no sense of satisfaction or relief or justice. In fact, had the sentences been super long, I still don't think I'd feel that.

Because what was done cannot ever be undone and who those creeps are can't be fixed by any kind of sentence. They're selfish, greedy narcissists.

And the people who died can never be replaced as you all know.

Just any mention of this case brings it all back - the horror, the grief, for Jennifer and for my brother. I cannot imagine how much worse it is for those who lost their children.

An update about my brother - he is doing much better. He continues to have intensive treatment. He continues not to be able to eat much (he still looks anorexic), but he's getting much better. He has started dating. He doesn't blame himself as much and he doesn't feel her absence as profoundly. He feels stronger.

I won't ever forget all of you who reached out to our family during that horrible time.

 

[zencompass]

Dear Gitana1,

This was all so heartbreaking to hear when it happened. Unimaginable.

It is uplifting to hear that your brother is feeling better.

Your family continues to be in my prayers .

 

[Niner]

Gitana - prayers to all your family & friends, especially your brother! May he get each day!

I guess this is better than going to trial.... hope all families are healing from this tragic event.

 

[Jax49]

At least this way they will serve time for their crimes. If it went to trial I had strong concerns of a not guilty verdict. I am pleased to see DA's sentence is longer...not long enough, imo, but reasonable.

Gitana, I'm so glad to hear your brother is making progress. I was absolutely heart broken for his suffering.

 

[Spellbound]

Gitana, I cannot ever come to this thread without thinking of you and your brother. I appreciate you giving us a few updates today. No words would cover what I would like to say or how I feel, but please know I walked every step of this from the very beginning carrying you in my heart and hoping to see justice. But there is no real justice, as nothing can take us back to before that day. Thankful you do not have to go through a trial.

I wish your brother a peaceful life and a love that will help him overcome the pain. Bless you both.

 

[Niner]

Tuesday, July 3rd:
*Final Motions or Plea Hearing (@ PT) - CA - Ghost Ship Warehouse Fire in Oakland on Dec. 2, 2016 killing 36 people - Derick Ion Almena (47), and Max Harris (27), charged with 36 felony counts of involuntary manslaughter; both plead not guilty. They remain in custody at the Santa Rita Jail in Dublin on $750,000 bond and face up to 39 years in prison each if convicted. Almena will testify in his own defense per his attorneys. Maybe a plea deal in the works. Trial starts July 16th.
6/30/18 Update: Plea deal in the works – Judge Morris Jacobson ordered everyone to return to court to conclude any pretrial; returning on July 3rd. Both defendants had tentatively agreed to an 8-year prison sentence.
7/1/18 Update: a plea agreement was reached in the matter of People v. Max Harris and Derick Almena. Both Defendant’s will enter pleas of “no contest” and be found guilty of 36 counts of involuntary manslaughter. Defendant Max Harris will receive a term of six (6) years in the local prison, while Defendant Derick Almena will receive a term of nine (9) years in local prison. At the hearing on Tuesday, July 3, another date will be set 1-2 months out for the sentencing of both Defendants.

 

[Niner]

https://www.sfgate.com/crime/article/Oakland-Ghost-Ship-fire-men-convicted-on-all-36-13047815.php

Two men pleaded no contest Tuesday to involuntary manslaughter charges in the Oakland Ghost Ship fire case, averting what would have been a protracted, high-profile jury trial in favor of a deal with prosecutors.

The no-contest pleas resulted in convictions on all 36 counts.

Defendant Derick Almena, 48, will receive a nine-year sentence in county jail and three years of mandatory supervised release under the deal with the Alameda County district attorney’s office. Co-defendant Max Harris, 28, agreed to a six-year sentence and four years of mandatory supervision. With good behavior, they can each serve half their jail terms.
[.....]
The defendants will be formally sentenced during a two-day hearing on Aug. 9 and 10.
[.....]
..... With time served, Almena could be released in 3½ years and Harris in less than two years.

 

[KaaBoom]

https://www.sfgate.com/crime/article/Oakland-Ghost-Ship-fire-men-convicted-on-all-36-13047815.php

Wow, it looks like they will be out in only about three years. But I guess it's about the same amount of time that Daniel Biechele got for The Station nightclub fire.

 

[tnith]

I feel nothing.

It's like Alameda Co. wants every last citizen to know they are worthless and disposable.

These were amazing friends, coworkers, community pillars, and success stories, they came SO far.

Ion will *advertiser censored* this amazing deal away because what else would a methhead grifter do.

Watch the SOB story unfold. Hope he lives to 99 & suffers the whole way.

I'm going back to the shadows because there is nothing else left.

 

[CARIIS]

*taking out tiny violin*
In the raw video Almena starts out saying that the transformer that was suspected to be the cause was stolen from the auto shop attached next to the Ghostship. He also says much evidence was lost because LE and firefighters removed evidence to a "muddy field." That part is true but I'm not sure there was critical evidence among the piles of Almena's precious tchotchkes that he and his wife wasted money on instead of fixing the safety issues.

Apparently he can't connect the dots between an overloaded transformer and his responsibility, just like his constant denial about the rickety stairs - yes Derick they were a death trap!

Then he goes on to talk about all the other people who are guilty and how he doesn't want to upset their lives. He's a real martyr he is. Next he complains about the conditions in jail - he doesn't get to run, touch his children, the diet is causing onset of diabetes and whine, whine, whine.

I'll let y'all hear the rest for yourselves if you can stomach it. He's trying to paint himself as a sacrificial lamb in order to protect the victims' family and all the people he believes are also responsible for the deaths.

As an aside, I usually don't comment on physical appearances but I'll make an exception here because IMO his dramatic weight gain is due to his not having access to drugs and not so much the jail diet.

No matter how much he claims sympathy and empathy for the victims or how much he claims that he takes responsibility for his part it's clear that his agenda in the interview is to make sure everyone knows how responsible everyone else is and how he's carrying the burden of being victimized. Makes me sick.

I'm pretty sure a deal will be reached and I'm hoping that it includes jail time. Ugh, I've got the sound running and now he's talking about how he took in all the "vagabonds" who were unloved. Barf.

barf

the sad reality is American justice has nothing to do with justice. or guilty or non guilty .

Its about money , clearing dockets, statistics ( prosecutors get a touchdown for guilty or no contest - while defense folks get a touchdown for not guilty, )

\moo