At times combative, Ghost Ship master tenant Derick Almena continued to defend himself under a second day of cross-examination from the prosecution, saying he believed dwellings could be constructed in the Oakland warehouse that caught fire on Dec. 2, 2016, killing 36 people.
More Ghost Ship Trial Coverage
Almena and tenant Max Harris, who has been described as the Ghost Ship’s creative director and second-in-command to Almena, both face 36 counts of involuntary manslaughter stemming from the blaze that killed 35 concert-goers and one tenant the night of an electronic music party.
Almena testified that an email from Eva Ng, daughter of landlord Chor Ng, indicated to him that the building was zoned for the types of activities he intended to use the building for, including “community outreach” and “civic activities.”
Under cross-examination from Alameda County Deputy District Attorney Autrey James, Almena also said he believed he could build dwellings inside the warehouse, but that it was not his original intention.
A video taken following Almena’s arrest in June 2017 was shown to the jury, in which he told investigators that activities could be held at the warehouse and dwellings could be built in the space according to zoning regulations he had read. Almena said he had given those statements under duress because he had just been arrested, removed from his home and charged with 36 counts of involuntary manslaughter.
The prosecution has argued Almena and Harris illegally converted the warehouse into an unsafe living space without consideration for proper safety regulations, including installing sprinkler systems, fire alarms, smoke detectors and well-lit exits. The defense has argued the blaze was started as an act of arson. The cause of the fire was never officially determined.
James asked Almena why he would lie to police on several occasions about people living in the warehouse if he believed it was OK to build living spaces there.
Almena responded that he wasn’t “completely aware” about whether people could live there until a later incident in which police determined a person that occupants had wanted to remove from the building was granted “squatters’ rights.”
Almena also testified Tuesday that he had lied to police about people living in the warehouse at the advice of Kai Ng, son of Chor Ng.
On Wednesday, he again reiterated Kai Ng’s “policy” after he walked through the warehouse and saw kitchens and rooms.
“You guys are really living here. Don’t tell the cops,” Almena said Kai told him.
‘No Permits for Anything’
James questioned Almena about whether Eva Ng had requested he go over plans and provide copies of permits regarding the installation of a side door. Almena responded that no permits for the door existed. In an email to Almena that was read aloud in court, Eva Ng wrote that it appeared to her that construction had already begun and that proper permits be provided.
Almena testified he also did not obtain permits for a set of stairs built in the front of the warehouse and for additional electrical and plumbing work.
Asked if he had acquired the proper permit to install a kitchen, Almena said there were “no permits for anything.” He also said he didn’t obtain operational permits for events because he didn’t think they were required.
James asked about the types of safety measures installed at the Ghost Ship. Almena said there was no sprinkler system and no internal or external fire alarms. He said there were no smoke detectors in the stairwells or in the upper level dance area or lower level common areas. He said detectors were in his kids’ areas, in the kitchen and elsewhere. He said there was an illuminated exit toward the front of the building, but that it only worked if the switch was on.
The jury was dismissed for the day so videos could be played to refresh Almena’s memory about various events.
The prosecution is expected to continue cross-examination of Almena Thursday.
This post will be updated.
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