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OAKLAND, Calif. (AP) – Derick Almena, the main tenant of a San Francisco Bay warehouse that caught fire at a musical event, killing 36 people, was sentenced to 12 years in prison on Monday, although ‘He is unlikely to spend more time in prison.
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Already under house arrest after being released from prison last year due to coronavirus concerns, Almena was ordered to serve the remainder of his sentence under electronic surveillance, followed by three years of probation.
“I know that no family member will find this acceptable in any way, and I accept this responsibility,” Alameda County Superior Court Judge Trina Thompson said afterwards. of an emotionally charged case that was first derailed by a suspended jury, then the pandemic. .
Many parents had urged Thompson to reject a plea deal Almena made with prosecutors to avoid a second trial, calling it too lenient.
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Almena, 50, pleaded guilty in January to 36 counts of manslaughter in exchange for a 12-year sentence.
FILE – In this June 5, 2017, a file photo, released by the Alameda County Sheriff’s Office, shows Derick Almena at the Santa Rita Jail in Alameda County, California. A musical event urged a judge on Monday, March 8, 2021, to hand down the harshest sentence to Derick Almena, the building’s main tenant, or to reject a plea deal he made with prosecutors to avoid a second trial. (Alameda County Sheriff’s Office via AP, File)
Because he has been given credit for the time already spent behind bars while awaiting trial and for his good behavior, he will spend the next and a half years at home with an ankle monitor. He was also ordered to pay restitution which will be determined by the court at a later date.
“This lenient, slapped sentence is totally inappropriate for the crimes committed by Derick Almena,” the family of the late victim Sarah Hoda said in a statement read in court by teleconference. “Maintaining the AD’s reckless advocacy recommendation would harm 36 victims and their families.”
Thompson and prosecutors said they had taken into consideration the challenges of retrying the case, given the difficulties of selecting jurors during a pandemic, summoning witnesses to court due to travel bans and the publicity that the first trial received.
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Prosecutors said Almena was criminally negligent when he illegally converted the industrial warehouse in Oakland’s Fruitvale neighborhood into a residence and event space for artists, dubbed the “Ghost Ship,” filling the building. flammable materials and extension cords. There were no smoke detectors or sprinklers.
Hell on December 2, 2016, erupted in the warehouse during an electronic music event, trapping victims on the illegally built second floor. Prosecutors said the victims had received no warning and had little chance of escaping down a narrow, dilapidated staircase.
Family and friends of the victims filled Thompson’s courtroom for months in 2019, becoming familiar faces for the judge, only to see a jury divided over whether to convict Almena, who rented the building. At the same trial, the jury also found co-accused Max Harris, who was the “creative director” and rent collector of the Ghost Ship, not guilty.
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