Plea deal for two men accused of killing 36 people after fire broke out at Ghost Ship warehouse

The two men deemed responsible for California’s deadly Ghost Ship warehouse fire which killed 36 people have reached a plea deal.

Max Harris, 28, and Derick Almena, 48, of Oakland, California, were charged with 36 counts each of involuntarily manslaughter after the illegally-converted warehouse that housed their artist collective went up in flames on December 2, 2016.

Thirty-six people who were attending an electronic music concert that night died in the conflagration after being trapped inside because passages were blocked by piano benches and in inflatable screen. 

One stairwell was blocked off, while the other turned into a bottleneck as people attempted to escape from the second floor where the fire started. 

Max Harris, 28 (left), and Derick Almena, 48, of Oakland, California, were charged with 36 counts each of involuntarily manslaughter after a fire broke out at the Ghost Ship warehouse

Harris was the Ghost Ship’s creative director and allegedly had been promoting the concert. Almena was the warehouse’s master tenant.

Although it was unclear what started the fire, investigators determined that the warehouse was filled with highly flammable materials, such as tapestries and a staircase built of wooden pallets. Meanwhile, the warehouse’s electricity was being carried in from a power source in a nearby auto-repair shop.   

The two men’s jury trial was set to begin July 16, but they reportedly reached a plea deal after more than two hours of negotiations in the judge’s chambers on Friday, the East Bay Times reported.  

Had Almena and Harris gone to trial and been found guilty of all 36 counts — one per victim — they could have faced sentences adding up to 39 years each in prison.

The judge ordered that the conditions of the plea deal be kept confidential for the time being.

The illegally-converted warehouse housed an artist collective. Thirty-six people died when it went up in flames on December 2, 2016, during an electronic music concert

The illegally-converted warehouse housed an artist collective. Thirty-six people died when it went up in flames on December 2, 2016, during an electronic music concert

The fire started on the second floor. Investigators found that one staircase was blocked off and the other became a bottleneck as people struggled to escape the flames

The fire started on the second floor. Investigators found that one staircase was blocked off and the other became a bottleneck as people struggled to escape the flames

Investigators also found that the warehouse was filled with flammable materials, including tapestries and a temporary staircase constructed of wooden palettes

Investigators also found that the warehouse was filled with flammable materials, including tapestries and a temporary staircase constructed of wooden palettes

KTVU reported that the plea deal proposal would give the defendants credit for time served and time off their sentences for good behavior, meaning their actual time serve could amount to as little as just three additional years in prison. 

However, if one of the men decides not to take the plea deal, then they both would have to stand trial.        

When plea deals for the two men were first being discussed in early June, Harris’ attorney had said his client wanted credit for time served and Almena’s attorney said his client wanted to go to trial. 

Prosecutors spoke with relatives and friends of the Ghost Ship’s victims when the plea deal meeting with the judge wrapped up.

When asked what he thought about Harris and Almena receiving a plea deal instead of going to trial, one of the victim’s friends said he was ‘not feeling it.’  

Kenzie Smith’s friends, filmmaker Alex Ghassan, 35, and Ghassan’s fiancee, Hanna Ruax, 32, died in the fire. 

The San Francisco Chronicle reported that Smith said, while referring to Harris and Almena, ‘You knew you had a faulty warehouse. You’re responsible for it. If you’re going to sit here and try to play victim now, it’s too late.’ 

Harris and Almena are due back in court on July 3, when any final pretrial motions will be presented. 



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