An Alameda County judge on Monday accepted a plea deal and issued credit for time served to Derick Almena, meaning the master leaseholder of the Ghost Ship warehouse in Oakland will serve the remainder of his sentence at home.
The warehouse caught fire in a December 2016, tragically killing 36 people.
In avoiding further jail time as part of the sentence, Almena will serve the remainder of his year and a half sentence at home with an ankle brace. He received credit for 2,470 days served in jail and good behavior.
To the dismay of victims' families, Almena accepted the plea deal last month, avoiding another trial. As part of the deal, he pleaded guilty to 36 counts of involuntary manslaughter and faced up to 12 years in prison.
After some technical hiccups Monday morning, family members of the dead were allowed to speak remotely before sentencing, many holding back tears. A member of victim Dawnna Kellogg's family said she was "repulsed" by the plea agreement, others said it was "a lenient slap on the wrist."
The hearing was stopped temporarily after concerns that Almena appeared to be falling asleep during emotional victim impact statements.
In August 2018, an Alameda County judge threw out an initial plea deal, saying Almena did not show true remorse for the fire. A lengthy trial followed for Almena and co-defendant Max Harris, the warehouse’s artistic director.
It ended last September with jurors deadlocked 10-2 in favor of convicting Almena and acquitting Harris of all charges.
Almena served nearly three years at Santa Rita Jail before he was sent to home confinement in May 2020, when authorities freed non-violent offenders after a COVID-19 outbreak within the facility.
A second trial for Almena had been scheduled for last year but was delayed in part due to the ongoing pandemic.
The fire happened December 2, 2016 during a dance party at the warehouse on the 1300 block of 31st Ave. in Oakland. Shoddy electrical wiring sparked the fire that killed 36 people, many young adults.
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