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

MsMarple said:

From yesterday, an interview with Derick Almena:



http://kron4.com/2017/12/05/only-on...-ghost-ships-derick-almena-on-eve-of-hearing/

SMDH. What chutzpah Almena has.

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EuTuCroquet? said:

Wow. So everyone’s to blame but for him, AND he wishes he was at the blaze, er, awesome and safe communal art space, to help rescue everyone’s kids ... because he’s a dad?!!? Did I read that correctly??

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A former tenant of an Oakland warehouse says police were called to the unlicensed residence several times to help with evictions before a fire last year that killed three dozen people, and even knew the leaseholder by name.
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The San Francisco Chronicle reports that Avalos testified one officer often stopped by the warehouse to check in, asking, "Is my best friend Derick here?"
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Avalos testified Thursday that there were frequent power outages at the Ghost Ship and that residents would go to the auto body shop next door to reset the breaker whenever the power went out.

"There was a long period of time we didn't have steady power," Avalos testified. "We had to be careful. There were times it happened day after day. Sometimes it'd be like once a week."

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Leah Danielle Vega says she lived at the Ghost Ship warehouse off and on for a year. Vega, a bartender and artist, broke down on the stand several times, weeping as she talked about the warehouse and that fatal night.
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ega called the warehouse a “stone hut” that had a hose for water and makeshift toilets. She said the showers were more like open stalls you would find at the beach.

She said no one was in charge of the Ghost Ship saying, “It was an artist colony.”

Vega, at one point, also became agitated saying, “I don’t know why we are even doing this.”

She called defendant Harris a kind and gentle soul, and that she was a fan.

Harris’ attorney, Curtis Briggs, says so far, the prosecution is not proving its case.

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Another former tenant, Leah “Swan” Vega, also began her testimony Thursday morning, voicing on several occasions that the artist collective space was not an appropriate living accommodation.

“The building was not intended for humans. It was like a stone hut or something, to keep your head dry,” Vega said. “(There was) no business renting a place like that.”
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When asked if Almena was in charge of the warehouse, she said it was a “different type of system,” where no one was in charge, but people made collective decisions. She described Almena as a “mad dad” when some “kids” spray painted the words “Ghost Ship” on the front of the building.

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The fourth witness in the hearing so far was Nicholas “Nico” Bouchard, who co-signed the lease for the warehouse back in November 2013, with Almena. He said they had plans to use it for a community art space, including after-school classes for children. When he called a meeting to discuss making it legitimate, with a sprinkler system, electric and plumbing in the building, he said Almena “scoffed” at the idea and laughed.

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Eight witnesses so far have taken the stand at the Rene. C Davidson courthouse including a man who worked in construction, Rodney Griffin, who was also a former firefighter. Almena had asked him for estimates for a staircase and fire door back in 2013, which would have cost $5,000. But Almena said he could do it for cheaper, Griffin testified.
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“He told me he was going to build the (front) stairs out of old palettes. I told him that was crazy,” Griffin said.

He wasn’t the only one during Monday’s testimony to call the place a “death trap.” A man who was hired by Almena to do electrical work, Robert “Jake” Jacobitz also referred to it as that.

“It was a fire hazard,” he said when referring to some electric problems. He testified the warehouse got its electricity from the auto body shop next door, where he saw illegal electrical work, and no grounding.
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Bouchard reiterated testimony that back in 2013 he had wanted to use the warehouse space as an art collective, with spaces for artists and even after-school classes for children. He brought in his mother, Katleen Bouchard, a former commercial television producer, to help. She testified that she visited the warehouse in November 2013 and began doing research on what it would take to add proper electrical, plumbing and other permits to make sure the building was up to code.

Katleen Bouchard said Almena thought the ideas she had to legitimize the process for the art collective, was “too conventional.”

“He laughed at me, said that’s not how he goes about things,” she said.

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Ghost Ship survivor and former resident Carmen Brito described what it was like to get out of the warehouse the night of the deadly fire.

She says she awoke to find her first floor studio engulfed in smoke and then, as she ran to the front of the building, how the flames in the back had already reached 8 feet in height. "The lights were still on. The music was still playing and I don't think anyone on the second floor could hear us shouting," Brito testified.

Brito also described the Ghost Ship as "the most beautiful place I've ever lived."

"It was fun. It was vibrant and I felt safe there," she said. "Nobody ever think their home is going to be the one that burns down."

Brito described defendant Max Harris' actions that night as "heroic," saying he ran toward the flames shouting "Fire!" and personally helped at least a dozen people escape out the front door.
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Earlier Derick Almena's lead attorney Tony Serra wondered why several witnesses, who testified they thought the warehouse was dangerous, never brought those concerns to Oakland officials.
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"If they had such a strong concern then, why didn't they express those concerns then?" asked attorney Geller, who represents Harris. "Why didn't they contact the proper authorities then?"

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MistyM said:

although i find almena unbearable, he is also right in a way, he's not the only person responsible for how it got to the point of people dying. if the city, or the fire dept., LE of any kind knew of those conditions, warned him and then didn't follow up and shut that warehouse down, they kinda are responsible in a way too.

i hope the survivors bring civil suits, but if the two guys are found guilty, is the city then not responsible and can't be sued? i remember the station fire, people were suing the foam company, beer companies, the tv station, depts in the city... deep pockets.

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An unidentified woman sitting at the foot of the rickety staircase of the Ghost Ship warehouse instructed party guests to stay upstairs as fire consumed the building, a former resident of artist collective testified Tuesday.

“This is the will of the spirits of the forest,” she chanted, according to Michael Russell, who lived in the Oakland warehouse for 10 months before it burned a year ago, killing 36 people.
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The woman was sitting in a wicker chair just outside Russell’s Airstream trailer on the ground level of the warehouse, not far from the building’s entrance, Russell said during a preliminary hearing in Alameda County Superior Court. She was saying everyone should remain upstairs, where they would be safe, he said.

“It was honestly like a horror movie,” Russell said. The woman was wearing a red beanie and green dress, Russell said, but he didn’t recognize the woman, whose face was partially obscured by smoke.
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Russell testified that a fight apparently broke out around the time and place the fire sparked. And a pathway through the middle of the first floor was blocked off — before the party began — by a piano bench and tied-shut saloon-style doors. Russell said he didn’t know who put the obstruction in place, but it was common practice during parties to keep out “riffraff.”
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As the pair headed toward his trailer to watch a movie, Russell said, he heard what sounded like a scuffle breaking out at the back of the warehouse. The fire started in that vicinity — the northwest area of the first floor — according to the incident’s cause-and-origin report.
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Some survivors previously told The Chronicle that several party guests had tried to go down the narrow staircase, but climbed back up when they felt the heat and smoke emanating from the ground floor.

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Russell is the 10th witness the prosecution has provided so far in the preliminary hearing, which is expected to last at least through Wednesday. Russell described the inside of the Ghost Ship “a bit like a magical wonderland.” Photos shown during the hearing depicted the collective as filled with items and art, with multiple loft areas where people lived.

Witness Michael Brady-Rodriguez testified Tuesday morning that he lived there starting in 2013, but left in 2014. When he told Almena that he was leaving, he said at first his reaction was understanding, and then he became hostile.

He said that Almena “became angry, and had two of his acquaintances rob me and assault me.”

Brady-Rodriguez maintains he was robbed of his car and other personal items, and ran to a nearby BART station for safety. He reported both the stolen car and the assault several days later. When asked by prosecutor Autrey James why he didn’t go to police sooner, he said he feared for his life.

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EuTuCroquet? said:

iirc, Almena wouldn't let LE in to inspect the space or see all the modifications made to it, so LE wasn't fully aware of what was happening inside that warehouse. LE was notified for trash-type issues — eyesores of stacked old wood and appliances, etc. City ordinance type stuff.

imo, Almena knew full well what he was doing was flagrantly unsafe and illegal. He didn't care because he's Derick Ion Almena and rules don't apply to him. He still doesn't care. And he still believes rules don't apply to him — I believe his own words to the media show this.

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MsMarple said:

In September Alameda County Superior Court Judge Brad Seligman ruled that families of the victims can sue Pacific Gas and Electric Co. for allegedly failing to monitor or shut down dangerous electric facilities in the Ghost Ship.

In November the same judge ruled that the city of Oakland can be held liable.

http://www.sfgate.com/bayarea/article/Ghost-Ship-victims-suit-against-PG-E-allowed-12199129.php

http://www.sfgate.com/bayarea/article/Oakland-can-be-held-liable-in-Ghost-Ship-case-12357260.php

The owner, Ng is also named in the lawsuit. 100% Silk has been released from the suit.

More information on the lawsuits:

https://dolanlawfirm.com/personal-injury/ghost-ship-fire-lawsuit/

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In testimony Wednesday during a preliminary hearing for two former Ghost Ship tenants charged criminally in the deadly fire on Dec. 2, 2016, witness Jonathan Axtell said he attended the dance party that night on the second floor. He described meeting with friends Hanna Ruax, 32, of Finland, and Alex Ghassan, 35, Oakland, who both perished in the fire that night.

Axtell testified Wednesday at the Rene C. Davidson Courthouse that he saw smoke coming from the floor below that night, and he saw Ruax crossing the room.

“Our eyes met; we didn’t even say anything. We knew there was a fire,” he said.

The two tried to grab the attention of their friend, alerting him there was a fire. Axtell made his way toward the stairs, assuming his friends were following close behind. He said he saw a woman coming up the stairs, passing her on the “obviously handmade” staircase, he described. Smoke was pouring up the stairs from below, he said.

Although he could hear voices downstairs, he couldn’t hear exactly what they were saying.
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Also on the stand Wednesday was Bureau of Alcohol, Tobacco, Firearms and Explosives Agent Whitney Hameth, who interviewed Harris days after the deadly fire. She said he identified himself to her as the “creative director” and showed her an email in which he signed off as the “Executive Director” of Satya Yuga, the art collective that is also known as the Ghost Ship warehouse.
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Oakland Assistant Fire Marshal Maria Sabatini also testified Wednesday, stating that they were able to determine the fire’s origin to have originated in the northwest corner of the building. Investigators, however, were not able to determine a cause.
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Testimony continues Thursday with Oakland Fire Marshal Miguel Trujillo.

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For the first time, an assistant fire marshal revealed more information about the origin and the cause of the fire.

Asst. Fire Marshal Maria Sabitini testified in court how a team of fire experts carefully analyzed the warehouse looking for how and why the tragic fire ever happened.
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Sabitini said upon analysis of burn patterns and the charred ceiling, the origin was determined to be in the northwest bottom corner of the building. She said, “Due to the excessive amount of flammable materials in the space, such as furniture used as room dividers, it led to the significant spread of the fire.”
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As for why the massive fire erupted, she said the team was unable to single out a cause but later added on the stand, in her opinion, that it was most likely a failure of the electrical system.

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Prosecutors also allege that the industrial building wasn't zoned for residential use and that Almena and Harris remodeled the warehouse without going through proper inspection and permitting procedures.
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It had been expected that the hearing would conclude Wednesday, but defense attorneys delayed the hearing by questioning the qualifications of Oakland Fire Marshal Miguel Trujillo to testify as an expert on California and Oakland fire codes.
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Curtis Briggs, one of three attorneys who represent Harris, spent about 20 minutes asking Trujillo about his credentials, asking him detailed questions about what classes he's attended about fire codes, the last time he was certified, how much he paid to be certified and about the legal definition of a warehouse.

Tony Serra, one of two attorneys who represent Almena, complained to Alameda County Superior Court Judge Jeffrey Horner, who is presiding over the hearing, "There's not an adequate record to make him (Trujillo) a first-time expert" on fire codes.

Horner said he will rule on the issue of whether Trujillo qualifies as an expert on Thursday morning, when the hearing resumes.
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Earlier Wednesday, federal Bureau of Alcohol, Tobacco, Firearms and Explosives agent Whitney Hameth testified that Harris told her after the fire that he knew the warehouse didn't have sprinklers, but he didn't do anything about it.

Hameth said Harris told her, "He was aware they didn't have sprinklers but never thought to ask the landlord to put them in."

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