Ghost Ship defendants Derick Almena and Max Harris are getting a sweet plea deal. It’s an injustice to the families of the 36 who perished in the Oakland warehouse fire 19 months ago.
Almena, the leader of the incinerated artist compound, faces up to nine years in county jail. Harris, Almena’s assistant who planned the ill-fated Dec. 2, 2016, party, is expected to receive a six-year sentence. Good behavior could cut their time behind bars in half.
It doesn’t feel right. Thirty-six deaths and these two will be free in just a few years. We share the frustration of the relatives, although we cannot begin to feel their pain.
“There is not a plea deal offered by the DA’s office and Alameda County strong enough to compensate for the death of my son,” Sami Long Kopelman wrote to us.
In an email to the families, Deputy District Attorney David Lim gave two reasons prosecutors agreed to the terms of the deal.
First, the risk of acquittal and the likelihood that even if convicted the sentence could be less. If Lim and District Attorney Nancy O’Malley believe that, they should provide a more detailed explanation of the case and the risks.
The public deserves to know in detail the strengths and weaknesses of the evidence, and the limitations of the applicable legal statutes. Now that this criminal case seems to be reaching a conclusion, it’s time for candor.
Second, Lim explained in the email, his office accepted the deal to avoid “the stress and heartache that a long jury trial would have had on family and friends of the victims.”
Some family members are not happy with that explanation. “The two defendants’ egregious negligence resulted in the deaths of 36 people,” Kopelman wrote.
“Neither the DA’s office nor Alameda County should use the excuse of saving the families’ heartache and suffering of a court case for giving up the maximum prosecution these defendants deserve.”
The plea deal demands that O’Malley and her team be more forthcoming about their decision. Anything less would leave a foul odor. To be clear, for now, we’re not faulting them for accepting the plea deal. We’re saying that they haven’t provided enough explanation for doing so.
To protect the integrity of their case, prosecutors have been tight-lipped. But now it’s time for them to talk and release documents that will help the public understand the details and nuances.
Perhaps this is the best that could have been hoped for. Sure, prosecutors risked walking away empty-handed if they pursued the case. That’s a risk with any case. The question is how great was that risk — and would it have been worth the gamble?
Moreover, the deal deprives the families and public of a trial that could have brought out the facts. It leaves them unable to ascertain the wisdom of never bringing charges against the building owner, Chor Ng.
The families still have a civil case against Almena, Ng, the city of Oakland, PG&E and others. Perhaps we’ll learn more from that case, which is scheduled to begin in October 2019.
But the waiting time for the facts of the criminal case is over. It’s time for prosecutors to talk.