OAKLAND — A judge on Friday lowered the bail of Derick Almena in his 36-count manslaughter case to $750,000, but said he had concerns that the former leader of the Ghost Ship artists’ collective might not return to court if he is released from custody.
Alameda County Superior Court Judge Kevin Murphy declined to let Almena out of jail on his own recognizance. Almena is now scheduled to enter a plea in the case on Sept. 13.
Almena’s lawyers asked Murphy to reduce their client’s $1.08 million bail, an amount that has kept him in custody since he was charged with 36 counts of involuntary manslaughter in the Ghost Ship fire case.
Lawyers Tony Serra and Jeff Krasnoff, asked the judge to release Almena on his own recognizance. Krasnoff said Almena’s wife and three children are currently living in Lake County, and his wife now holds a steady job there as a social worker with Child Protective Services. The two stated that their client was not a flight risk or a danger to the public.
“We’re simply asking you to give him a chance,” Krasnoff said to Murphy.
He suggested the judge impose restrictions if Almena was released, such as only living in a building up to fire code, not possessing any flammable materials, not attending or hosting any musical events, and wearing an ankle monitor.
“His roots are deep here (in Alameda County), his children went to school here,” Serra said during the hearing. He also accused prosecutors of pushing for “pre-conviction punishment” by keep bail high.
But Deputy District Attorney Autrey James said that Almena has not had a history of following the rules.
“The reason we’re here is because he didn’t follow restrictions when he took over that building,” James said.
James argued that to ensure he returned to court, Almena should not be released.
Almena can’t make the lowered bail amount, Serra said. “Our client is not a rich man, he’s not well-endowed.”
Serra said they would have been happy with a much lower bail amount. “$100,000 he could make.”
Serra also vowed that during the future preliminary hearing for his client, they will go after third-party culpability, and subpoena people from the fire department such as building inspectors, PG&E, and owners or owner representatives.
Last week, Murphy also reduced the bail of Almena’s co-defendant Max Harris, 27, to $750,000, but he remains in custody. Harris is also charged with 36 counts of involuntary manslaughter stemming from the Dec. 2 fire that killed 36 people attending an electronic music party at the Fruitvale-area warehouse.
Almena, 47, the Ghost Ship master tenant, and his former assistant Harris are both being held in protective custody at Santa Rita Jail in Dublin. Harris also appeared in court Friday. Both sported deep-red jail clothes, Almena with a beard and Harris with his blue hair tied in a ponytail. The two men rarely looked at each other during the hearing.
Prosecutors said the high bail was needed to ensure Harris did not flee the charges. The judge agreed that the flight risk was too great to reduce the bail any lower.
Outside of court Friday morning attorney Mary Alexander, the lead lawyer in a civil lawsuit families of the victims have brought against Almena, the city of Oakland, the building owner and others said they were grateful for Murphy’s ruling.
“We’re pleased they won’t be going home to their families,” Alexander said.
With her were David and Kimberly Gregory, parents of 20-year-old Michela Gregory, who perished in the fire. Kimberly Gregory, who wore pins with photos of her daughter and daughter’s boyfriend, 22-year-old Alex Vega, said nothing, but had tears in her eyes outside the courtroom.
