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Instead, Derick Almena, who was jailed in 2017 pending trial, will serve the remaining year and a half of his sentence in the community with an ankle monitor. He was convicted of 36 counts of manslaughter for the deaths of 36 people who died in the Ghost Ship warehouse fire.
The conviction ended an emotional day of testimony by family members of the victim as they urged the judge to reject the plea deal and hand down a harsher sentence to Almena.
“This case has been probably one of the most life-changing experiences I have ever had as a lawyer,” said Justice Trina Thompson. “This one haunts me regularly.”
Almena addressed the families in a statement read by her lawyer, Tony Serra.
“I’m sorry,” Serra read. “I’m very afraid to say more. I am sick of shame. I am sorry. My shame cannot be a defense against what I am responsible for. “
Nancy O’Malley, the Alameda County District Attorney, said in a statement that since the fire began, the families of the victims have been “at the forefront of our concerns.”
“Although this case is now resolved, those who tragically lost their lives that night will be remembered and will cry forever,” she said.
Almena’s conviction took an odd turn when the judge asked if he was on drugs.
After some family members worried that Almena appeared to be falling asleep during their impact statements, Thompson called for a 15-minute break.
Thompson said she was “concerned” with the “nodding” and “shaking” of his movements.
“I’m going to ask counsel very directly, did the accused take any prescription drugs, narcotics or anything?” she asked.
Serra, Almena’s lawyer, said Almena was defeated because listening to the statements was “overwhelming”.
“I think he’s fine, Your Honor,” he said. “It’s not a drug problem, it’s your honor, it’s a pain problem.”
Still, she asked for a break. Upon their return from the break, Thompson said his deputy had been searched in Almena for drugs, but found none. She said the displacement of Almena’s leg during the sentencing indicated he was present.
Almena, the 50-year-old master tenant of the Fruitvale neighborhood warehouse that burned down in 2016, pleaded guilty in January to 36 counts of manslaughter. The means avoided a second trial.
Almena’s sentence was in exchange for her guilty plea. He posted $ 150,000 bail in May and was released from his home in Lake County after being jailed since June 2017.
Family members of the victims shared heartbreaking statements during sentencing – berating Almena for her role in the fire and calling on Thompson to reject the plea deal.
“We ask you to reject this plea deal,” said David Gregory, father of Michela Gregory. Michela Gregory died in the fire. “We beg you. This plea deal is not justice for a crime of this magnitude and deserves a harsher punishment, not a slap in the wrist.
Thompson said she accepted the plea deal for many reasons, including a limited panel of jurors, the difficulty witnesses might face getting to trial due to the pandemic and because Almena admitted his guilt.
On Monday, families mourned the loss of their children and siblings, and tearfully shared tributes to loved ones, remembering them as passionate artists, students and musicians.
Colleen Dolan, whose daughter, Chelsea Faith Dolan, died in the fire, choked back tears before speaking. Thompson told him to take his time. Dolan remembered his brilliant daughter and daughter, then addressed his statements to Almena.
“I curse you with all the power that the universe gives to a grieving mother,” she said. “I won’t forgive you and I never will. May you burn in the hellish nightmares you have created.
Nicole Siegrist’s mother, deceased, also spoke. Siegrist was a student at Laney College, musician, keyboardist, singer and songwriter. Her mother said she could never see her daughter graduate, start a family, or become a grandmother.
“I am a changed person,” she said. “I will never be able to talk to my daughter again.”
Vanessa Plotkin’s father Gary Plotkin said his daughter’s absence was felt “everywhere”.
“His absence is felt at every family reunion, every birthday, every party,” he said. “His absence is felt every day and every minute of our life.”
On December 2, 2016, a blaze erupted at a party in the warehouse. Almena and co-accused Max Harris have each been charged with one count of manslaughter for every person who died in the fire.
In August 2018, the judge in the case rejected a plea deal from Almena, saying he had shown no real remorse for the deadly fire. The judge’s ruling rejected a deal reached between the district attorney’s office, Harris and Almena, paving the way for a trial.
During the trial, defense attorneys for Almena and Harris argued that police, firefighters and other city officials visited the warehouse on several occasions, but never reported it. as dangerous.
Prosecutors said Almena allowed dozens of people to live illegally in a space reserved only for storage and failed to install sprinklers, lighted exit signs and smoke detectors. The warehouse was filled with motorhomes, antiques and works of art.
At the preliminary hearing in December 2017, a firefighter 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 not guilty. The jury is deadlocked on the charges against Almena. Ten of the 12 jurors agreed he was guilty of negligence in turning the warehouse into a deadly fire trap. Another trial was due to start on February 4. On Monday, Thompson said Almena was not allowed to have any contact with Harris.
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 settlement included $ 23.5 million for the families of the victims and $ 9.2 million for a survivor who suffered “serious lifelong injuries.”
Almena was also ordered to pay approximately $ 181,000 in restitution for funeral expenses and counseling, and he will be under post-custody supervision for three years. A restitution hearing will take place on April 30.
Sarah Ravani is a writer for the San Francisco Chronicle. Email: [email protected] Twitter: @SarRavani
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