Derick Almena, who is facing 36 counts of involuntary manslaughter for the deadly 2016 Ghost Ship warehouse fire, is expected to be released from Santa Rita Jail.
The Alameda County District Attorney’s Office on Tuesday notified families of the 36 fire victims that Almena intended to post bail, according to their civil attorney, Mary Alexander. Judge Trina Thompson recently lowered the bail amount from $750,000 to $150,000 after Almena’s attorneys’ argued the 50-year-old was vulnerable to contracting COVID-19 virus inside the Dublin jail.
As of Wednesday morning, the jail’s online records indicated Almena was still in custody.
Almena is facing a retrial for his role in the Dec. 2, 2016 blaze, which killed 35 people attending a dance party and a male tenant who lived along with about 20 others in the Fruitvale District warehouse. Almena was the master tenant who signed the lease in 2013 with the understanding the building would only be used as a commercial space.
Family members of the victims attending the first trial and hearings beforehand were visibly upset by what they viewed as Almena’s lack of remorse or acknowledgement of creating what authorities called a “fire trap” inside the warehouse. The families, in contrast, were more conflicted about Max Harris, who was portrayed as Almena’s second in command because he helped operate the artist collective, collected rent from tenants and also dealt with the landlords, the Ng family.
Almena and Harris were arrested in June 2017 and each were charged with 36 counts of involuntary manslaughter.
A jury in September acquitted Harris and deadlocked on convicting Almena, in one of the longest criminal trials in recent Alameda County history. Following the verdict, Harris was released from Santa Rita Jail and is now living in Oregon.
Earlier this month, Almena’s defense attorney, Vincent Barrientos, said that a jail doctor who examined Almena determined his health had deteriorated during his incarceration.
“I don’t want to put words in his mouth,” Barrientos said, “but should a COVID outbreak occur in there, Almena would be in serious trouble.” The attorney said Almena “remains in a vulnerable state and his health is jeopardized every day he remains in custody.”
Almena has three children who live with his wife in Lake County, where Almena was arrested nearly three years ago. Judge Thompson had earlier indicated if Almena was released he would be subject to ankle monitoring.
The Alameda DA’s office and defense attorneys are not able to comment on the case due to a gag order issued by Judge Thompson.
