Judge orders Derick Almena, Max Harris to trial for Ghost Ship deaths

Two men will face trial on 36 counts each of involuntary manslaughter in the Ghost Ship fire after an Alameda County Superior Court judge determined Thursday that there was sufficient evidence in the case.

Prosecutors say Max Harris and Derick Almena created a firetrap at the Ghost Ship warehouse in Oakland’s Fruitvale district. The men, prosecutors allege, rented the space for an electronic music show on Dec. 2, 2016, that drew dozens of partygoers — 36 died in the burning building, which was not permitted for shows or residency and had no sprinklers, fire escapes or marked exits.

Witnesses told the court that Almena laughed off suggestions to bring the place up to code. They described how, on the night of the fire, passageways were blocked by piano benches and an inflatable screen. They also described a makeshift stairway that bottlenecked when people tried to flee from the second floor as flames spread.

Flowers are left at a makeshift memorial outside the Ghost Ship warehouse in Oakland to 36 partygoers who died there. Flowers are left at a makeshift memorial outside the Ghost Ship warehouse in Oakland to 36 partygoers who died there. Photo: Ben Margot / Ben Margot / Associated Press Photo: Ben Margot / Ben Margot / Associated Press Image 1 of / 29 Caption Close Judge orders Derick Almena, Max Harris to trial for Ghost Ship deaths 1 / 29 Back to Gallery

“I find that that there is sufficient cause to believe that both defendants are legally responsible for what happened on that terrible, terrible night, and are legally responsible for the deaths of 36 individuals,” said Judge Jeffrey Horner on Thursday after a two-week preliminary hearing.

In closing arguments, Deputy District Attorney Autrey James said Almena and Harris were “criminally negligent" in their maintenance of Ghost Ship.

“They absolutely failed in their duty to protect the people who came into that particular building on Dec. 2, 2016,” James told the court. “I’m not saying that Mr. Harris or Mr. Almena meant for people to die.”

Tyler Smith, an attorney representing Harris, said the trial could begin in six to eight months.

“The government’s evidence is weak,” Smith said. “We are confident they’re going to find Max not guilty.”

Horner’s decision to hold Harris and Almena for trial came after the last witness in the preliminary hearing, a fire official, testified that the city had no records of any complaint about dangers at the warehouse prior to the fire.

Fire Marshal Miguel Trujillo’s testimony came two days after Oakland Fire Captain George Freelen testified that he sent a one-page report to the department’s Fire Prevention Bureau in 2014 to get clarity on what the building was supposed to be used for after he and three other firefighters visited Ghost Ship in 2014 and grew concerned about the “high fire load” of material stocked inside the artist collective.

Trujillo told the court that, after the fire, “the first thing that we did in our office” was to check to see whether anyone had alerted Fire Prevention to problems inside Ghost Ship.

The warehouse had violated multiple fire codes when people began living there despite its classification as an “S2” building under the fire code — which is a space allowed to store various commodities where people are not allowed to reside.

As the “occupant load increases,” there are additional requirements for fire safety at a building, Trujillo testified. Under Oakland’s fire code, a live/work space is required to have sprinklers, an automatic fire system, illuminated exit signs, and backup power in case of a blackout. The warehouse had not complied with these regulations, Trujillo said.

The defense sought to establish whether it was the owner’s or occupants’ responsibility to make necessary changes as the usage of the warehouse changed.

“Can you agree with me that under the code — that’s the responsibility of the owner?” Tony Serra, an attorney representing Almena, asked Trujillo.

“We consider multiple responsible parties,” Trujillo said, adding that occupants and others are included.

Jenna Lyons is a San Francisco Chronicle staff writer. Email: jlyons@sfchronicle.com Twitter: @JennaJourno