OAKLAND — One of the Ghost Ship defendants was denied release from bail on Friday by a judge, despite his attorney’s arguments that he was not a danger to society.
Both Derick Almena, 48, along with Max Harris, 28, are former warehouse tenants each charged with 36 counts of involuntary manslaughter for the deaths of 36 people who perished in the deadly fire the night of Dec 2, 2016, at the East Oakland arts collective known as the Ghost Ship.
Almena’s attorney Tony Serra argued before Alameda County Superior Court Judge Kevin Murphy on Friday morning that he should be granted release with non-monetary alternatives, in light of a recent First District Court of Appeal decision. That decision, ordered judge’s throughout the state to reevaluate bail based on the defendant’s ability to pay, and to consider alternatives to money bail.
In his arguments, Serra said that his client was poor and could not afford bail. He also said Almena was not a threat to society and would not flee. Before being charged in this case last year, Almena did not flee and was not “hiding in the woods” but moved with his family to Lake County, Serra said.
“$750,000 is not bail for an indigent person; it’s a pre-conviction penalty,” Serra said.
He offered that Almena would return to his family in Lake County, could wear an ankle monitor, report to the local probation department and could be confined in his home, under the monitoring of his wife, Micah Allison.
But prosecutor Autrey James argued that Lake County is about 3 1/2 hours away, giving him a “head start” should Almena flee, and would not ensure that he would be able to make it to Alameda County for court. He also argued that although Almena’s wife is not criminally complicit in the case, she too lived at the Ghost Ship and did not try to stop anything illegal that was going on.
“We are here because he would absolutely not follow the law,” James said.
Serra in response argued, “He’s not a bad guy; he’s a good guy.”
“Do you think he’s going to leave his wife and children?” he asked, raising his voice. “Do you think he’s going to run away?”
But Judge Murphy said in his ruling that he had doubts about the feasibility of remaining in contact with the defendant since Lake County, which is more than 100 miles from Oakland, is so far away. He also said electronic monitoring was not reliable to ensure someone’s appearance in court, and was not sure that being in the care of his wife would work.
The judge said Almena’s family is not in the community, and he has no job here and no property that ties him to Alameda County.
He also said the potential severity of the sentence if found guilty of all 36 counts of involuntary manslaughter was also a factor in denying the motion.
Almena’s co-defendant Harris’ attorneys also argued for his release from a high bail amount. Similarly, attorney Sam Geller argued that Harris did not have the ability to pay his $750,000 bail.
He said, however, that one of his friends, Elissa Roy, has a place for him to stay nearby. But prosecutors argued that the lease to her apartment does not allow that. Prosecutor David Lim stepped out during proceedings to reach the landlord of the property, who reportedly told him he had not heard of Harris or this deal.
The judge continued the hearing on the bail motion for Harris to May 11 to give attorneys time to clear this up. This is also the date both Almena’s and Harris’ motions to dismiss will be heard.
The trial, expected to begin July 16, was confirmed by another judge, James Cramer, in a separate hearing Friday.