Two proprietors of the Ghost Ship warehouse in Oakland where 36 people died in a fire in December were arrested Monday and charged with felony involuntary manslaughter related to the inferno.
Master tenant Derick Almena and the art space’s creative director, Max Harris, “knowingly created a fire trap... then filled that area with human beings and now face the consequences of their actions,” Alameda County District Attorney Nancy O’Malley said Monday in announcing the arrests and charges.
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This March 12, 2015 booking photo provided by the Glendale, Calif., Police Department shows Derick Ion Almena. Almena is an operator of the Ghost Ship warehouse in Oakland, in which dozens of people died in a fire that started Dec. 2, 2016.
lessThis March 12, 2015 booking photo provided by the Glendale, Calif., Police Department shows Derick Ion Almena. Almena is an operator of the Ghost Ship warehouse in Oakland, in which dozens of people died in a
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Edison Xu stands in front of the Ghost Ship warehouse near a memorial for fire victims on 31st Avenue in Oakland, Calif., on Monday, December 12, 2016.
Edison Xu stands in front of the Ghost Ship warehouse near a memorial for fire victims on 31st Avenue in Oakland, Calif., on Monday, December 12, 2016.
Photo: Scott Strazzante, The Chronicle / /
The Ghost Ship warehouse, site of a fire that killed at least 30 people, is pictured on Sunday, Dec. 4, 2016, in Oakland, Calif.
The Ghost Ship warehouse, site of a fire that killed at least 30 people, is pictured on Sunday, Dec. 4, 2016, in Oakland, Calif.
Photo: Noah Berger, Special To The Chronicle
Alameda County Sherrif's chaplain, Ed Moore, center, attached a balloon to a memorial on E. 12th Street as Oakland Fire Department Chaplain Fr. Jayson Landez watches, right, as recovery efforts came to a close following the Ghost Ship fire that claimed 36 lives in Oakland, Calif., on Tuesday, December 6, 2016.
lessAlameda County Sherrif's chaplain, Ed Moore, center, attached a balloon to a memorial on E. 12th Street as Oakland Fire Department Chaplain Fr. Jayson Landez watches, right, as recovery efforts came to a close
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Firefighters work at the scene of a fatal fire on 31st Ave. in Oakland, Calif., on Saturday, Dec. 3, 2016.
Firefighters work at the scene of a fatal fire on 31st Ave. in Oakland, Calif., on Saturday, Dec. 3, 2016.
Photo: Max Bouvatte, Special To The Chronicle
Alameda County Sherrif's officers look into the destroyed Ghost Ship warehouse as recovery efforts came to a close following the fire that claimed 36 lives in Oakland, Calif., on Tuesday, December 6, 2016.
Alameda County Sherrif's officers look into the destroyed Ghost Ship warehouse as recovery efforts came to a close following the fire that claimed 36 lives in Oakland, Calif., on Tuesday, December 6, 2016.
Photo: Carlos Avila Gonzalez, The Chronicle
Photos of several victims are displayed as part of a memorial on E. 12th Street as recovery efforts came to a close following the Ghost Ship fire that claimed 36 lives in Oakland, Calif., on Tuesday, December 6, 2016.
lessPhotos of several victims are displayed as part of a memorial on E. 12th Street as recovery efforts came to a close following the Ghost Ship fire that claimed 36 lives in Oakland, Calif., on Tuesday, December
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Tom Dispenza of Oakland holds up a sign supporting an arrest as recovery efforts came to a close in the Ghost Ship fire which claimed 36 lives in Oakland, Calif., on Tuesday, December 6, 2016.
Tom Dispenza of Oakland holds up a sign supporting an arrest as recovery efforts came to a close in the Ghost Ship fire which claimed 36 lives in Oakland, Calif., on Tuesday, December 6, 2016.
Photo: Carlos Avila Gonzalez, The Chronicle
AFT police officials inspect the Ghost Ship warehouse from inside as Oakland firefighters investigate outside on Saturday, Dec. 10, 2016 in Oakland, Calif. 36 people were killed when a fire broke out on Dec. 2 at the Ghost Ship warehouse on 31st Avenue and International Boulevard in Oakland's Fruitvale neighborhood. As many as 100 people were inside attending a music performance. The blaze is now the deadliest structure fire in California since the 1906 earthquake and fire. Officials said the cause of ignition is still unknown and the building had no evidence of fire sprinklers.
lessAFT police officials inspect the Ghost Ship warehouse from inside as Oakland firefighters investigate outside on Saturday, Dec. 10, 2016 in Oakland, Calif. 36 people were killed when a fire broke out on Dec. 2
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Mourners bow their heads while watching the recovery operation at the Ghost Ship artist collective warehouse in Oakland, Calif. on Tuesday, Dec. 6, 2016 where at least 36 people died after a fire engulfed the building during an electronic music dance party Friday night.
lessMourners bow their heads while watching the recovery operation at the Ghost Ship artist collective warehouse in Oakland, Calif. on Tuesday, Dec. 6, 2016 where at least 36 people died after a fire engulfed the
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An Alameda County Sheriff, center, escorts a woman carrying flowers at the site of a warehouse fire Tuesday, Dec. 6, 2016, in Oakland, Calif. (AP Photo/Marcio Jose Sanchez)
An Alameda County Sheriff, center, escorts a woman carrying flowers at the site of a warehouse fire Tuesday, Dec. 6, 2016, in Oakland, Calif. (AP Photo/Marcio Jose Sanchez)
A recovery crew takes down a parapet on the Ghost Ship artist collective warehouse in Oakland, Calif. on Tuesday, Dec. 6, 2016 where at least 36 people died after a fire engulfed the building during an electronic music dance party Friday night.
lessA recovery crew takes down a parapet on the Ghost Ship artist collective warehouse in Oakland, Calif. on Tuesday, Dec. 6, 2016 where at least 36 people died after a fire engulfed the building during an
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Pairs of shoes dangle from overhead wires in front of the Ghost Ship artist collective warehouse in Oakland, Calif. on Tuesday, Dec. 6, 2016 where at least 36 people died after a fire engulfed the building during an electronic music dance party Friday night.
lessPairs of shoes dangle from overhead wires in front of the Ghost Ship artist collective warehouse in Oakland, Calif. on Tuesday, Dec. 6, 2016 where at least 36 people died after a fire engulfed the building
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Firefighters use heavy equipment to remove debris that was burned inside the Ghost Ship warehouse as recovery efforts came to a close following the fire that claimed 36 lives in Oakland, Calif., on Tuesday, December 6, 2016.
lessFirefighters use heavy equipment to remove debris that was burned inside the Ghost Ship warehouse as recovery efforts came to a close following the fire that claimed 36 lives in Oakland, Calif., on Tuesday,
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Mourners bow their heads while watching the recovery operation at the Ghost Ship artist collective warehouse in Oakland, Calif. on Tuesday, Dec. 6, 2016 where at least 36 people died after a fire engulfed the building during an electronic music dance party Friday night.
lessMourners bow their heads while watching the recovery operation at the Ghost Ship artist collective warehouse in Oakland, Calif. on Tuesday, Dec. 6, 2016 where at least 36 people died after a fire engulfed the
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Recovery efforts continue at the Ghost Ship artist collective warehouse in Oakland, Calif. on Tuesday, Dec. 6, 2016 where at least 36 people died after a fire engulfed the building during an electronic music dance party Friday night.
lessRecovery efforts continue at the Ghost Ship artist collective warehouse in Oakland, Calif. on Tuesday, Dec. 6, 2016 where at least 36 people died after a fire engulfed the building during an electronic music
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The recovery operation continues at the Ghost Ship artist collective warehouse in Oakland, Calif. on Tuesday, Dec. 6, 2016 where at least 36 people died after a fire engulfed the building during an electronic music dance party Friday night.
lessThe recovery operation continues at the Ghost Ship artist collective warehouse in Oakland, Calif. on Tuesday, Dec. 6, 2016 where at least 36 people died after a fire engulfed the building during an electronic
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Participants hold their candles aloft during a vigil at Lake Merritt as recovery efforts continue following the Ghost Ship fire that has so far claimed 36 lives in Oakland, Calif., on Monday, December 5, 2016.
Participants hold their candles aloft during a vigil at Lake Merritt as recovery efforts continue following the Ghost Ship fire that has so far claimed 36 lives in Oakland, Calif., on Monday, December 5, 2016.
Photo: Carlos Avila Gonzalez, The Chronicle
Judy Hough, left, and her husband Brian, center, hold a picture of their son Travis, who died in a warehouse fire, during a vigil at Lake Merritt on Monday, Dec. 5, 2016, in Oakland, Calif. Family members and friends are being notified as firefighters continue a painstaking search for victims of the Oakland warehouse fire.
lessJudy Hough, left, and her husband Brian, center, hold a picture of their son Travis, who died in a warehouse fire, during a vigil at Lake Merritt on Monday, Dec. 5, 2016, in Oakland, Calif. Family members and
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Two people embrace at a vigil for the victims of a warehouse fire that has claimed the lives of at least thirty-six people on December 5, 2016 in Oakland, California. The fire took place during a musical event late Friday night.
lessTwo people embrace at a vigil for the victims of a warehouse fire that has claimed the lives of at least thirty-six people on December 5, 2016 in Oakland, California. The fire took place during a musical event
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The Grand Lake Theater has updated its marquee with a message mourning the victims of the fire at the Ghost Ship warehouse, and especifically Nicole R. Siegrist, 29, who went by the name Denalda Nicole Renae, who is still considered missing, as recovery efforts continue in Oakland, Calif., on Monday, December 5, 2016.
lessThe Grand Lake Theater has updated its marquee with a message mourning the victims of the fire at the Ghost Ship warehouse, and especifically Nicole R. Siegrist, 29, who went by the name Denalda Nicole Renae,
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This photo provided by the City of Oakland shows inside the burned warehouse after the deadly fire that broke out on Dec. 2, 2016, in Oakland, Calif. The death toll in the fire climbed Monday, Dec. 5, with more bodies still feared buried in the blackened ruins, and families anxiously awaited word of their missing loved ones.
lessThis photo provided by the City of Oakland shows inside the burned warehouse after the deadly fire that broke out on Dec. 2, 2016, in Oakland, Calif. The death toll in the fire climbed Monday, Dec. 5, with more
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Oakland Fire Department inspection crews meet as the assess the structural integrity of the building as recovery efforts continue following the Ghost Ship fire that has so far claimed 36 lives in Oakland, Calif., on Monday, December 5, 2016.
lessOakland Fire Department inspection crews meet as the assess the structural integrity of the building as recovery efforts continue following the Ghost Ship fire that has so far claimed 36 lives in Oakland,
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Firefighters sift through debris inside the warehouse that burned in Oakland, Calif., Dec. 5, 2016. The inferno killed at least 36 people and is regarded as one of the worst structure fires in the United States in over a decade. (Jim Wilson/The New York Times)
lessFirefighters sift through debris inside the warehouse that burned in Oakland, Calif., Dec. 5, 2016. The inferno killed at least 36 people and is regarded as one of the worst structure fires in the United States
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Workers are seen cleaning debris from the site of a warehouse fire that has claimed the lives of at least thirty-six people on December 5, 2016 in Oakland.
Workers are seen cleaning debris from the site of a warehouse fire that has claimed the lives of at least thirty-six people on December 5, 2016 in Oakland.
Alameda County District Attorney Nancy O'Malley during an afternoon press conference at the scene of the Ghost Ship artist warehouse fire in Oakland on Monday, December 5, 2016.
Alameda County District Attorney Nancy O'Malley during an afternoon press conference at the scene of the Ghost Ship artist warehouse fire in Oakland on Monday, December 5, 2016.
Photo: Michael Short, Special To The Chronicle
Oakland fire captain Chris Foley wipes his brow at the site of a warehouse fire that has claimed the lives of at least thirty-six people on December 5, 2016 in Oakland, California. The fire took place during a musical event late Friday night.
lessOakland fire captain Chris Foley wipes his brow at the site of a warehouse fire that has claimed the lives of at least thirty-six people on December 5, 2016 in Oakland, California. The fire took place during a
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Alameda County Sheriff Greg Ahern discusses the search and recovery efforts for victims at a media event near the site of a warehouse fire that has claimed the lives of at least thirty-six people on December 5, 2016 in Oakland
lessAlameda County Sheriff Greg Ahern discusses the search and recovery efforts for victims at a media event near the site of a warehouse fire that has claimed the lives of at least thirty-six people on December 5,
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"Hot spot" photos released by the Alameda County Sheriff's office show the recovery effort with in the Ghost Ship warehouse in Oakland on Monday, Dec. 5, 2016.
"Hot spot" photos released by the Alameda County Sheriff's office show the recovery effort with in the Ghost Ship warehouse in Oakland on Monday, Dec. 5, 2016.
Students greet each other before going to class at Ruth Asawa School of the Arts, in San Francisco, California, on Monday, Dec. 5, 2016.
Students greet each other before going to class at Ruth Asawa School of the Arts, in San Francisco, California, on Monday, Dec. 5, 2016.
Photo: Gabrielle Lurie, The Chronicle
Student Gabriel Bibliowicz,18, shows a photo of friend Draven McGill, 17, who was killed in the Ghostship fire in San Francisco, California, on Monday, Dec. 5, 2016.
Student Gabriel Bibliowicz,18, shows a photo of friend Draven McGill, 17, who was killed in the Ghostship fire in San Francisco, California, on Monday, Dec. 5, 2016.
Photo: Gabrielle Lurie, The Chronicle
Flowers are stuck into a street sign at the scene of the Ghost Ship artist warehouse fire in Oakland on Monday, December 5, 2016.
Flowers are stuck into a street sign at the scene of the Ghost Ship artist warehouse fire in Oakland on Monday, December 5, 2016.
Photo: Michael Short, Special To The Chronicle
Onlookers are seen reflected in a picture of one of the victims of the Ghost Ship artist warehouse fire, in Oakland on Monday, December 5, 2016.
Onlookers are seen reflected in a picture of one of the victims of the Ghost Ship artist warehouse fire, in Oakland on Monday, December 5, 2016.
Photo: Michael Short, Special To The Chronicle
Robert Lewis of Oakland pushes his daughter Sophie Lewis, 3, in a shopping cart past a memorial for victims of the Ghost Ship artist warehouse fire, in Oakland on Monday, December 5, 2016.
Robert Lewis of Oakland pushes his daughter Sophie Lewis, 3, in a shopping cart past a memorial for victims of the Ghost Ship artist warehouse fire, in Oakland on Monday, December 5, 2016.
Photo: Michael Short, Special To The Chronicle
People gather near a warehouse after it was destroyed by a fire, December 3, 2016 in Oakland, California. Up to 40 people were feared dead in a huge fire that tore through a rave party in a warehouse in Oakland, near San Francisco, as the authorities warned of a prolonged search and recovery effort.
lessPeople gather near a warehouse after it was destroyed by a fire, December 3, 2016 in Oakland, California. Up to 40 people were feared dead in a huge fire that tore through a rave party in a warehouse in
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Jenny Yang, right, kneels while she performs a recorded homage from her iphone at the scene of the Oakland warehouse fire on December 4, 2016 in Oakland, California. Though many of the victims' names have not been released, Yang believes she lost seven friends who were involved in the creation of the event where the fire broke out. The fire, at an artist's warehouse known as the "Ghost Ship," began late on the evening of December 2nd, with 33 confirmed dead so far.
lessJenny Yang, right, kneels while she performs a recorded homage from her iphone at the scene of the Oakland warehouse fire on December 4, 2016 in Oakland, California. Though many of the victims' names have not
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Flowers, candles and notes left for victims of the Oakland warehouse fire are seen on the corner of 12th Street and 31st Avenue on December 4, 2016 in Oakland, California. The fire, at an artist's warehouse known as the "Ghost Ship," began late on the evening of December 2nd, with 33 confirmed dead so far.
lessFlowers, candles and notes left for victims of the Oakland warehouse fire are seen on the corner of 12th Street and 31st Avenue on December 4, 2016 in Oakland, California. The fire, at an artist's warehouse
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Emergency personnel stage in front of the site of a warehouse fire that started Friday night and killed dozens, Sunday, Dec. 4, 2016, in Oakland, Calif. The death toll was expected to rise, as crews using buckets and shovels slowly made their way through the building, finding victims where they least expected them, Alameda County Sheriff's Sgt. Ray Kelly said. (AP Photo/Marcio Jose Sanchez)
lessEmergency personnel stage in front of the site of a warehouse fire that started Friday night and killed dozens, Sunday, Dec. 4, 2016, in Oakland, Calif. The death toll was expected to rise, as crews using
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Trevor Hardee,, 19, left, hug, Jesse James Alexander, 24, of San Francisco, right, near the site of the warehouse fire in Oakland, CA December 4, 2016. Jesse believes he lost three friends in the fire. A fire broke out during a party Friday night at a two-story warehouse and artists' studio in Oakland, killing at least nine people and leaving about two dozen missing.
lessTrevor Hardee,, 19, left, hug, Jesse James Alexander, 24, of San Francisco, right, near the site of the warehouse fire in Oakland, CA December 4, 2016. Jesse believes he lost three friends in the fire. A fire
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Nikki Kelber (far) and Carmen Brito (near), two residents of the warehouse that caught fire on December 2nd, look at the remnants of their former home on December 4, 2016 in Oakland, California. The two artists lived in the building with 22-24 other artists. "I woke up to my room filled with smoke...I looked ut and there was a wall of fire...this happened so fast" Brito said. The fire, at an artist's warehouse known as the "Ghost Ship," has claimed 33 confirmed dead so far.
lessNikki Kelber (far) and Carmen Brito (near), two residents of the warehouse that caught fire on December 2nd, look at the remnants of their former home on December 4, 2016 in Oakland, California. The two artists
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The Ghost Ship warehouse, site of a fire that killed at least 30 people, is pictured on Sunday, Dec. 4, 2016, in Oakland, Calif.
The Ghost Ship warehouse, site of a fire that killed at least 30 people, is pictured on Sunday, Dec. 4, 2016, in Oakland, Calif.
Photo: Noah Berger, Special To The Chronicle
The Ghost Ship warehouse, site of a fire that killed at least 30 people, is pictured on Sunday, Dec. 4, 2016, in Oakland, Calif.
The Ghost Ship warehouse, site of a fire that killed at least 30 people, is pictured on Sunday, Dec. 4, 2016, in Oakland, Calif.
Photo: Noah Berger, Special To The Chronicle
Alameda County Sherrif's Sgt. Ray Kelly gives a press conference at the scene of the Oakland warehouse fire on December 4, 2016 in Oakland, California. The fire, at an artist's warehouse known as the "Ghost Ship," began late on the evening of December 2nd, with 33 confirmed dead so far.
lessAlameda County Sherrif's Sgt. Ray Kelly gives a press conference at the scene of the Oakland warehouse fire on December 4, 2016 in Oakland, California. The fire, at an artist's warehouse known as the "Ghost
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An onlooker holds flowers at the scene of a fire near 31st Avenue and International Boulevard on December 3, 2016 in Oakland, California
An onlooker holds flowers at the scene of a fire near 31st Avenue and International Boulevard on December 3, 2016 in Oakland, California
Photo: Pete Kiehart, Special To The Chronicle
A firefighter wipes his brow on the scene of a warehouse fire that has claimed dozens of lives on December 4, 2016 in Oakland, California. The fire took place during a musical event late Friday night.
A firefighter wipes his brow on the scene of a warehouse fire that has claimed dozens of lives on December 4, 2016 in Oakland, California. The fire took place during a musical event late Friday night.
Elijah Hope kneels at the scene of the Ghost Ship warehouse fire at sunrise on Sunday, Dec. 4, 2016, in Oakland. Hope, who lives nearby, said he was "saying goodbye to the souls."
Elijah Hope kneels at the scene of the Ghost Ship warehouse fire at sunrise on Sunday, Dec. 4, 2016, in Oakland. Hope, who lives nearby, said he was "saying goodbye to the souls."
Photo: Noah Berger, Special To The Chronicle
People look on at the media and police presence from behind a barricade at the scene of the Ghost Ship artist warehouse fire in Oakland, CA, on Sunday, December 4, 2016.
People look on at the media and police presence from behind a barricade at the scene of the Ghost Ship artist warehouse fire in Oakland, CA, on Sunday, December 4, 2016.
Photo: Michael Short, Special To The Chronicle
A man walks into the Sheriff's office in Oakland, Calif. on Sunday, Dec. 4, 2016. The office is providing information to those who may have lost a loved one in the Ghost Ship fire.
A man walks into the Sheriff's office in Oakland, Calif. on Sunday, Dec. 4, 2016. The office is providing information to those who may have lost a loved one in the Ghost Ship fire.
Photo: James Tensuan, Special To The Chronicle
Friends of a person who died in the fire place flowers near 31st Avenue and International Boulevard on December 3, 2016 in Oakland.
Friends of a person who died in the fire place flowers near 31st Avenue and International Boulevard on December 3, 2016 in Oakland.
Photo: Pete Kiehart, Special To The Chronicle
Mourners attend a vigil at the Chapel of the Chimes in Oakland on Saturday night following the deadly warehouse fire in the city on Saturday morning, December 3, 2016 in Oakland, Calif.
Mourners attend a vigil at the Chapel of the Chimes in Oakland on Saturday night following the deadly warehouse fire in the city on Saturday morning, December 3, 2016 in Oakland, Calif.
Photo: Amy Osborne, Special To The Chronicle
Genevieve Griesau, who has loved ones still unaccounted for, can't hold back her emotions at the vigil at the Chapel of the Chimes in Oakland on Saturday night following the deadly warehouse fire in the city on Dec. 3, 2016 in Oakland.
lessGenevieve Griesau, who has loved ones still unaccounted for, can't hold back her emotions at the vigil at the Chapel of the Chimes in Oakland on Saturday night following the deadly warehouse fire in the city on
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Jenny Yang (center) and others at Eli's Mile High Club bar try to find more information about their friends, on Saturday, Dec. 3, 2016, who attended a warehouse party in Oakland, Calif., that caught on fire.
Jenny Yang (center) and others at Eli's Mile High Club bar try to find more information about their friends, on Saturday, Dec. 3, 2016, who attended a warehouse party in Oakland, Calif., that caught on fire.
Photo: Santiago Mejia, The Chronicle
A man collapses on the ground while speaking with emergency personnel at the scene of a fire that killed at least nine people in Oakland on Saturday, Dec. 3, 2016.
A man collapses on the ground while speaking with emergency personnel at the scene of a fire that killed at least nine people in Oakland on Saturday, Dec. 3, 2016.
Photo: Noah Berger, Special To The Chronicle
Firefighters work at the scene following an overnight fire that claimed the lives of at least 30 people at a warehouse in the Fruitvale neighborhood on December 3, 2016 in Oakland, California. The warehouse was hosting an electronic music party.
lessFirefighters work at the scene following an overnight fire that claimed the lives of at least 30 people at a warehouse in the Fruitvale neighborhood on December 3, 2016 in Oakland, California. The warehouse was
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Firefighters work at the scene of a fatal fire on 31st Ave. in Oakland, Calif., on Saturday, Dec. 3, 2016.
Firefighters work at the scene of a fatal fire on 31st Ave. in Oakland, Calif., on Saturday, Dec. 3, 2016.
Photo: Max Bouvatte, Special To The Chronicle
Fire crews battle a blaze in a warehouse known as the Oakland Ghost Ship on Friday, Dec. 2 at 1305 31st Ave. near International Boulevard in the Fruitvale neighborhood.
Fire crews battle a blaze in a warehouse known as the Oakland Ghost Ship on Friday, Dec. 2 at 1305 31st Ave. near International Boulevard in the Fruitvale neighborhood.
Fire crews battle a blaze in a warehouse known as the Oakland Ghost Ship on Friday, Dec. 2 at 1305 31st Ave. near International Boulevard in the Fruitvale neighborhood.
Fire crews battle a blaze in a warehouse known as the Oakland Ghost Ship on Friday, Dec. 2 at 1305 31st Ave. near International Boulevard in the Fruitvale neighborhood.
Firefighters work at the scene of a fatal fire on 31st Ave. in Oakland, Calif., on Saturday, Dec. 3, 2016. Firefighters work at the scene of a fatal fire on 31st Ave. in Oakland, Calif., on Saturday, Dec. 3, 2016.
lessFirefighters work at the scene of a fatal fire on 31st Ave. in Oakland, Calif., on Saturday, Dec. 3, 2016. Firefighters work at the scene of a fatal fire on 31st Ave. in Oakland, Calif., on Saturday, Dec. 3,
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A firefighter picks up debris at the scene of a fire near 31st Avenue and International Boulevard on December 3, 2016 in Oakland.
A firefighter picks up debris at the scene of a fire near 31st Avenue and International Boulevard on December 3, 2016 in Oakland.
Photo: Pete Kiehart, Special To The Chronicle
Firefighters close a door leading into a building that was the scene of a fire near 31st Avenue and International Boulevard on December 3, 2016 in Oakland.
Firefighters close a door leading into a building that was the scene of a fire near 31st Avenue and International Boulevard on December 3, 2016 in Oakland.
Photo: Pete Kiehart, Special To The Chronicle
A man is overcome with emotion while speaking with emergency personnel at the scene of a fire that killed at least nine people in Oakland on Saturday, Dec. 3, 2016.
A man is overcome with emotion while speaking with emergency personnel at the scene of a fire that killed at least nine people in Oakland on Saturday, Dec. 3, 2016.
Photo: Noah Berger, Special To The Chronicle
Firefighters work on the scene following an overnight fire that claimed the lives of at least 30 people at a warehouse in the Fruitvale neighborhood on December 3, 2016 in Oakland, California. The warehouse was hosting an electronic music party.
lessFirefighters work on the scene following an overnight fire that claimed the lives of at least 30 people at a warehouse in the Fruitvale neighborhood on December 3, 2016 in Oakland, California. The warehouse was
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Oakland Mayor Libby Schaaf speaks during a press conference at the scene of a fatal fire in Oakland, Calif., on Saturday, Dec. 3, 2016.
Oakland Mayor Libby Schaaf speaks during a press conference at the scene of a fatal fire in Oakland, Calif., on Saturday, Dec. 3, 2016.
Photo: Noah Berger, Special To The Chronicle
Oakland Fire Chief Fire Teresa Deloach Reed covers her face during a press conference at the scene of a fatal fire in Oakland, Calif., on Saturday, Dec. 3, 2016.
Oakland Fire Chief Fire Teresa Deloach Reed covers her face during a press conference at the scene of a fatal fire in Oakland, Calif., on Saturday, Dec. 3, 2016.
Photo: Noah Berger, Special To The Chronicle
A law enforcement officer removes police line tape from a post near some flowers at the scene of a fire near 31st Avenue and International Boulevard on December 3, 2016 in Oakland, California. "You are my family, love you!" is written on the bouquet.
lessA law enforcement officer removes police line tape from a post near some flowers at the scene of a fire near 31st Avenue and International Boulevard on December 3, 2016 in Oakland, California. "You are my
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Kim Gregory and her husband David Gregory, Sr. (left) wait for updates at an Alameda County Sheriff's office on the fate of their daughter Michela Gregory in Oakland, Calif. on Saturday, Dec. 3, 2016. Michela was later identified as one of the dead.
lessKim Gregory and her husband David Gregory, Sr. (left) wait for updates at an Alameda County Sheriff's office on the fate of their daughter Michela Gregory in Oakland, Calif. on Saturday, Dec. 3, 2016. Michela
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Daniel Vega (back to camera) gathers with friends and family to wait for any word about his younger brother and his girlfriend at an Alameda County Sheriff's office, who are still missing after at least 30 people died and several others still unaccounted for in an overnight in Oakland on Saturday, Dec. 3, 2016.
lessDaniel Vega (back to camera) gathers with friends and family to wait for any word about his younger brother and his girlfriend at an Alameda County Sheriff's office, who are still missing after at least 30
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Two women walk down East 12th Street outside of an Alameda County Sheriff's office while they await word on missing friends or family members in Oakland on Saturday, Dec. 3, 2016 after at least 30 people died in an overnight fire.
lessTwo women walk down East 12th Street outside of an Alameda County Sheriff's office while they await word on missing friends or family members in Oakland on Saturday, Dec. 3, 2016 after at least 30 people died
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Family members of a Ghost Ship warehouse fire victim lay flowers at the scene on 31st Avenue in Oakland, Calif., on Monday, December 12, 2016.
Family members of a Ghost Ship warehouse fire victim lay flowers at the scene on 31st Avenue in Oakland, Calif., on Monday, December 12, 2016.
Photo: Scott Strazzante, The Chronicle
Derick Almena was arrested Monday and charged with 36 counts of involuntary manslaughter. He was booked into Lake County jail.
Derick Almena was arrested Monday and charged with 36 counts of involuntary manslaughter. He was booked into Lake County jail.
Photo: Hand Out, Lake County Sheriff�s Office
Alameda County District Attorney Nancy O'Malley, left, leaves the room with Assistant District Attorney Teresa Drenick following a press conference announcing the filing of criminal charges in the Ghost Ship fire that killed 36 people, at the Alameda County Courthouse in Oakland, CA, on Monday June 5, 2017.
lessAlameda County District Attorney Nancy O'Malley, left, leaves the room with Assistant District Attorney Teresa Drenick following a press conference announcing the filing of criminal charges in the Ghost Ship
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Ghost Ship: authorities arrest two in deadly fire that killed 36
“Paying guests were faced with a nearly impossible labyrinth to get out of the building,” O’Malley said, calling Almena and Harris reckless.
Each defendant faces 36 counts of involuntary manslaughter and up to 39 years in prison, prosecutors said. Almena, 47, was arrested in Lake County and Harris, 27, who uses the name Max Ohr, was arrested in Los Angeles County.
Authorities on Monday also revealed that the exact cause of the fire will remain unknown because of severe fire damage to the two-story building at 1301 31st Avenue in the Fruitvale district.
The arrests mark the end of a six-month investigation that began the night of Dec. 2, when a fire erupted at the artist collective during the middle of an unpermitted electronic music event opened to the public. Most of the victims were trapped on the second floor as a wall of smoke and flames engulfed the building’s maze-like escape routes. All of the victims died from smoke inhalation.
Oakland Mayor Libby Schaaf commended O’Malley for filing criminal charges.
“I applaud the charges filed today... because they send a clear message: You won’t get away with making a profit by cramming people into dangerous spaces or failing to maintain safe living conditions,” Schaaf said.
Attorneys for Almena said they would “vigorously defend” their client.
“We believe that these charges represent no less than a miscarriage of justice,” said Jeffrey Krasnoff, Kyndra Miller and Tony Serra, in a statement. “We are confident that this attempt to make a scapegoat of our client will fail.”
Efforts to reach an attorney for Harris were unsuccessful.
Almena — the eccentric patriarch of the underground artist collective — lived in the warehouse with his wife and children. None of them were home on the night of the fire.
According to the charging documents filed by O’Malley’s office, Almena promoted the upstairs space as a venue for music and social events, with up to 100 people allowed to attend “inside this unsafe and unpermitted warehouse.”
The documents say Harris acknowledged he had allowed the Dec. 2 party to take place and prepared the second-floor for the music event, blocking off access to one of the two stairwells, leaving only one escape route.
In addition, the documents say that Almena and Harris allowed up to 25 people to live in the building for two years, but lied to law enforcement officers investigating the fire, telling them that “no one lived in the warehouse.”
As the leaseholder, Almena was responsible under California Fire Code for installing fire suppression systems, smoke alarms, exit signs, and sprinklers when he allowed people to live in the building, prosecutors said. However, he failed to take these safety steps, they said.
He also failed to seek a zoning variance from light industrial to live-work, violating city and state codes, the documents allege.
Prosecutors said Almena also encouraged his tenants — who paid $350 to $1,400 in rent — to use unconventional materials to create their living spaces. Those included tapestries, pianos, RV trailers, wooden sculptures and other “ramshackle” and highly flammable materials, also a violation of city and state codes, documents say.
A friend, Aaron Marin, who has known Almena for years and escaped from the Ghost Ship fire by jumping out of a second-floor window, had mixed feelings about the arrest.
“I know for a fact he didn’t intentionally want his place and all his stuff to burn and those people to die,” Marin said. “But it’s a matter of being accountable for the lives.”
Those who know Almena had conflicting views of him, with some describing him as a loving artist and father and others calling him a slumlord.
During the investigation, authorities conducted dozens of witness interviews, pored through 6,000 pages from relevant documents, issued 12 search warrants and examined 300 pieces of evidence.
Investigators and attorneys conducted an “intensive legal analysis” to determine who could be charged in the case, said Teresa Drenick, spokeswoman for O’Malley.
During Monday’s news conference, Drenick limited questions to technical issues related to the charges and declined to answer whether additional arrests will be made.
Manslaughter charges stemming from fatal non-arson fires are rare.
In 2003, 100 people were killed at the Station nightclub in Rhode Island, when pyrotechnics set off a massive blaze during a show by 80s metal band, Great White. A grand jury indicted two brothers who owned the nightclub, along with the band manager who started the fireworks, on involuntary manslaughter charges.
Great White’s manager, Daniel Biechele, pleaded guilty to the charges and was sentenced to four years in prison. Defendants Michael Derderian and Jeffrey Derderian were sentenced to four years in prison and three years of probation respectively.
News of the criminal charges in the Ghost Ship case brought some relief to friends and families of the victims.
“I was appalled at how many people knew how unsafe this was, and for many years,” said Wendy Dixon-Magree, 61, of Aurora, Ohio. Her nephew, Billy Dixon, was killed in the fire. “You never want to see anybody get sued or charged with a crime, but, yes, maybe it needed to be done. It was a horrible accident, and they knew how dangerous it was.”
In Oakland, David Bernbaum, 37, whose brother Jonathan and several friends died in the fire, said, “I talked to my parents, we all feel pretty similarly. We all have a lot of anger at Derick for all of this.
“That said, we know that this isn't something that isn’t going to bring anybody back.”
One victim injured in the Ghost Ship blaze remains hospitalized with a serious respiratory condition, O’Malley said.
Several families have filed civil lawsuits against Almena, Harris, the building’s owner, Chor Ng, and other promoters and performers at the event. They have also sued PG&E, saying the utility supplied power to the doomed artist space with “blatant disregard” for the safety of the people in the building.
While there is no official cause of the blaze, investigators had narrowed the origin of the fire to a shared kitchen in the back of the building’s first floor. Agents with the federal Bureau of Alcohol, Tobacco, Firearms and Explosives had looked into the building’s electrical system, a tangle of strewn extensions cords weaving around the warehouse’s various rickety rooms.
All of the building’s power came from a single source: a transformer box inside a neighboring auto body shop, attorneys for the victim’s families said in court papers.
The families have also filed separate legal claims — precursors to lawsuits against government entities — against the city of Oakland, Alameda County and the state of California.
In the two years before the Ghost Ship fire, police were repeatedly called to parties at the warehouse. But despite the calls and numerous complaints from neighbors, then-fire chief Teresa Deloach Reed raised brows when she said in the days after the fire that her department had no idea there were people living or having parties at the Ghost Ship.
She retired on May 5 amid criticism over her management of the department and inspection procedures.
San Francisco Chronicle staff writer Jill Tucker contributed to this report.
Evan Sernoffsky, Kimberly Veklerov and Peter Fimrite are San Francisco Chronicle staff writers. Email: esernoffsky@sfchronicle.com, kveklerov@sfchronicle.com and pfimrite@sfchronicle.com
Ghost Ship inferno
For full coverage of the Ghost Ship fire, go to www.sfchronicle.com/oakland-fire/
http://www.sfgate.com/bayarea/article/Ghost-Ship-authorities-arrest-two-in-deadly-fire-11196787.php
