Instead, Derick Almena, who was jailed in 2017 pending his trial, will serve the remaining year and a half of his sentence in the community with a single monitor. He was convicted of 36 counts of involuntary manslaughter resulting in the deaths of 36 people killed in the Ghost Ship warehouse.
The sentencing ended an emotional day of testimony from the victim’s relatives when they asked the judge to reject the plea agreement and issue a harsh sentence to Almena.
“This case was probably one of the most overwhelming experiences I have ever had as a jurist,” Judge Trina Thompson said. “This one haunts me regularly.”
Almena addressed the families in a statement read out by his lawyer, Tony Serra.
“I’m sorry,” Serra read. ‘I’m very scared to say more. I’m sick of shame. I’m so sorry. My shame can not be a defense against what I am responsible for. ‘
Alameda County District Attorney Nancy O’Malley said in a statement that the families of the victims have been “at the forefront of our minds” since the fire began.
“Although this matter has now been resolved, those who tragically lost the night will be remembered and mourned forever,” she said.
Almena’s sentencing took a strange turn when the judge asked if he was using drugs.
After some family members expressed concern that Almena appeared to be nodding during their impact statements, Thompson asked for a 15-minute break.
Thompson said she was “concerned” about the “nodding of his head” and the “jerkiness” of his movements.
“I’m going to ask the council very directly, did the defendant use prescription drugs, narcotics or anything else?” she asked.
Serra, Almena’s lawyer, said Almena was overcome because it was ‘overwhelming’ to listen to the verdicts. ‘
“I think he’s fine, your honor,” he said. “It’s not a matter of drugs, it’s a matter of pain.”
Still, she asked for a breather. When they returned from the break, Thompson said her deputy was searched in Almena for drugs but found none. She said the movement of Almena’s leg during sentencing indicated he was present.
Almena, the 50-year-old master tenant of the Fruitvale warehouse, which burned down in 2016, pleaded guilty in January to 36 counts of involuntary manslaughter. The plea avoids a second trial.
Almena’s sentence was in exchange for his plea. He posted a $ 150,000 bail in May and was released to his Lake County home after being jailed since June 2017.
Relatives of the victims shared heartbreaking statements during sentencing – Almena reprimanded for his part in the fire and called on Thompson to reject the plea agreement.
“We ask you to reject this plea agreement,” said Michela Gregory, David Gregory’s father. Michela Gregory died in the fire. “We ask you. This plea agreement is not ready for a crime of this magnitude and deserves a harsher punishment and not a slap on the wrist. ‘
Thompson said she accepted the plea agreement for numerous reasons, including a limited number of juries, and the problems witnesses could experience after the pandemic after the trial, and because Almena admitted his guilt.
Families mourned the loss of their children and siblings on Monday, mourning their loved ones in tears and 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 her to take her time. Dolan remembers her brilliant and grumpy daughter, and addresses her statements to Almena.
“I curse you with all the power the universe gives a grieving mother,” she said. “I do not forgive you and never will. May you burn in the hellish nightmares you have created. ‘
The mother of Nicole Siegrist, who passed away, also spoke. Siegrist was a student at Laney College, a musician, keyboardist, singer and songwriter. Her mother said she would never be able to study her daughter, have a family or become a grandmother.
“I’m a changed person,” she said. “I will never be able to talk to my daughter again.”
Gary Plotkin, the father of Vanessa Plotkin, said the absence of his daughter feels “everywhere”.
“Her absence is felt during every family gathering, every birthday, every holiday,” he said. “Her absence is felt every day and every minute of our lives.”
On December 2, 2016, a hell breaks out at a party in the warehouse. Almena and co-accused Max Harris were each charged with one count of involuntary manslaughter for each person killed in the fire.
In August 2018, the judge in the case rejected a plea agreement from Almena that he did not show remorse over the deadly fire. The judge’s ruling reached an agreement between the district attorney’s office, Harris and Almena, to pave the way for a trial.
During the trial, Almena and Harris’ attorneys argued that police, firefighters and other city officials had been in the warehouse several times but never considered it dangerous.
Prosecutors said Almena allowed dozens of people to live illegally in a space intended for storage only, and did not install sprinklers, illuminated exit signs and smoke alarms. The warehouse was packed with garages, antiques and artwork.
During the pre-trial hearing in December 2017, a firefighter testified that he was concerned about the large amount of flammable material stored in the warehouse after visiting two years before the fire.
In September 2019, a jury found Harris innocent. The jury found the charges against Almena pending. Ten of the 12 jurors agreed he was guilty of negligence by turning the warehouse into a deadly rocket. Another trial is expected to begin on February 4. Thompson said Almena may have no contact with Harris.
Oakland City Council agreed to pay $ 32.7 million in July 2017 to settle lawsuits, on behalf of 32 of the 36 people who died. The settlement included $ 23.5 million to families of victims and $ 9.2 million to a survivor suffering from ‘serious, lifelong injuries’.
Almena has also been ordered to pay about $ 181,000 in compensation for funeral expenses and counseling, and he will be under supervision for three years. A restitution hearing will be held on April 30.
Sarah Ravani is a staff writer for the San Francisco Chronicle. Email: [email protected] Twitter: @SarRavani