Ghost Ship Trial: Former Resident Disputes 'Firetrap' Description, Recounts Deadly Blaze

A former tenant of the Oakland warehouse where a Dec. 2, 2016 fire killed 36 people testified Monday that the unpermitted residence and venue known as Ghost Ship wasn't the "firetrap" described by prosecutors, and disputed depictions of defendants Derick Almena and Max Harris as the space's leaders.

Adam Kennon, a carpenter who moved into the Fruitvale District warehouse in 2015, said he was outside smoking the night of the deadly blaze when he heard someone cry, "Fire!" and then entered to find a growing wall of flames. Kennon ushered several people out a side exit before running to a fire station.

Kennon rejected descriptions of a staircase leading to the second floor as being shoddily constructed from pallets, saying cosmetic features belied a sturdy foundation. He also testified that he'd installed two smoke detectors himself. Asked if he considered Ghost Ship a "firetrap" or "tinderbox," he said no.

"They weren't the pallet stairs you hear about on the news," he said. "They were more than stable."

His testimony differed starkly from that of former warehouse resident Jennifer Turner, who earlier said from the witness stand that she moved out after only a few weeks due to concerns about fire safety.

Kennon also undercut prosecutors' descriptions of Almena and Harris, who each face 36 counts of involuntary manslaughter, as the operators of Ghost Ship. Asked if it would be fair to say there was no "hierarchy" or "second in command," Kennon said yes. "It was mostly communal decisions," he said.

Curtis Briggs, the defense attorney for Harris, told reporters outside the courthouse that Kennon's testimony "debunked" prosecutors' argument that alterations to the space and a lack of alarm devices led to the tragic loss of life. "The fire grew too rapidly to evacuate because this was an arson fire," he said.

Prosecutors argue master tenant Almena created and ran Ghost Ship as a residence and music venue with willful disregard for safety, enlisting Harris as his subordinate. The defense is attempting to shift blame to the landlords and many officials who visited the property without flagging unsafe conditions, and claim the fire broke out not because of defendants' actions or neglect, but because of arson.

Kennon's testimony shed little more light on the arson theory. He said there were several strangers leaving through the side door moments after he was alerted to the fire, but that the flames appeared to originate from behind a locked, partially enclosed room. Briggs and defense attorney Tony Serra, who's representing Almena, have said the rapid growth of the fire suggests the use of accelerants such as gasoline.

Kennon also recalled at least two visits to the warehouse from Oakland police officers, and even more from workers with Child Protective Services, who were there "constantly," he said. Kennon said that he once saw two people in clothing bearing fire department insignia attending a warehouse party as guests.

Jurors on Monday also heard emotional testimony from friends and romantic partners of people who died in the fire.

Alexis Abrams-Bourke said her and her partner Nicholas Walrath were planning on going to an art opening together before a change of plans led to him biking to Ghost Ship alone. Walrath texted her about using a hotline to acquire the warehouse address before sending two final messages: "I love you" and "Fire."

Alexa Burrell testified that the last message she received from her friend Nicole "Denalda" Siegrist was, "There's a fire here." Burrell said she initially thought Siegrist was referring to a bonfire, and then traveled to the warehouse. By the time she arrived, she said the building was "swallowed in flames."

Briggs told reporters he believes the text messages, which were projected on a screen, are not legally relevant. "They don't hurt us," he said. "None of these people have anything to say about Max Harris."

William Bardsley, a former Oakland police officer, testified about responding to a Dec. 3, 2014 incident at the warehouse in which Almena and another party were cited for alleged assault and battery. In police body camera footage shown in court, Almena tells the officers that no one lived inside the warehouse.

"It was my understanding Almena lived there or worked there," Bardsley said.

Prosecutors will continue to call witnesses Tuesday.