Ghost Ship Defendant Says Landlord Advised Him to Deny That People Lived in Warehouse

Updated 7:10 p.m.

Ghost Ship master tenant Derick Almena, one of two men charged with 36 counts of involuntary manslaughter in a deadly 2016 Oakland warehouse fire, testified Tuesday that he lied to law enforcement about people living in the building at the advice of the landlords.

“It was bad advice,” Almena said regarding conversations with Kai Ng, son of landlord Chor Ng, in mid-to-late 2014. “I just wanted to ultimately protect what was going on there ... to give people a place to stay.”

Almena testified under questioning from his attorney, Tony Serra, that Kai Ng "suggested members sign contracts that they didn’t live there."

Almena also said he had misrepresented himself to law enforcement on four occasions.

Almena and Ghost Ship tenant Max Harris both face 36 counts of involuntary manslaughter stemming from the Dec. 2, 2016, blaze that killed 35 concert-goers and one tenant the night of an electronic music event.

Prosecutors argue that Almena and Harris, who has been described as the Ghost Ship's creative director, illegally converted the warehouse into an unsafe living space without proper safety regulations like fire alarms, sprinklers and well-lit exits. But the defense has argued that arson was the cause of the blaze, and there was nothing Almena or Harris could have done to prevent it.

On Tuesday, Almena claimed that a number of steps were taken and that rules were implemented to ensure safety in the Ghost Ship. He said smoke detectors and fire extinguishers were required in every living space, but said he didn’t check occupants' personal quarters. He also said there were rules against open flames and smoking.

Almena said he had asked the landlords to install sprinklers and a number of other safety measures, but that they had refused.

Almena also testified that Kai Ng had visited the warehouse at least four times from 2014 to 2016, doing full walk-throughs and inspections of the complex. Almena said Ng had passed through the warehouse once when approximately 20 people had lived there.

"The most obvious living situation was mine," said Almena, who lived in the warehouse with his wife and three children.

He also said that from July 2014 to Dec. 1, 2016, there had been 33 visits inside the building by about 50 officials from various agencies and that no one had ever issued any eviction notices or had red-tagged the building.

Almena listed the agencies and visits, including: five separate visits by 13 fire department staff, 16 visits by law enforcement inside the building, eight visits from Child Protective Services and two paramedic visits. He also said more than 25 teachers had held a parent-teacher meeting there.

“We felt good about what we were doing,” said Almena, after being asked how he felt about not being cited following those visits.

Serra had Almena detail a number of occasions in which agency officials visited the warehouse. Serra asked Almena about a Sept. 26, 2014, potential arson incident outside the front of the warehouse in which Almena recalled seeing flames rising up to the outside of the second-story windows.

Almena recounted that four to five fire department staff responded to put the fire out. He said then-Oakland fire investigator Maria Sabatini arrived with three other fire personnel and a police officer. Almena said Sabatini “politely demanded” to enter the building.

Almena said Sabatini made the sign of the cross in front of an altar just inside the front entrance, and then went upstairs with Almena to inspect the windows toward the front of the Ghost Ship. He said they climbed back down the front stairs and then he and Sabatini walked through the downstairs area, up the back stairs and then back down the front stairs before leaving.

Almena’s testimony — along with earlier testimony from his wife, Micah Allison — contradicts testimony Sabatini made on May 22 that she had not entered the warehouse. Allison also testified she saw Sabatini enter the building on the day of the 2014 fire.

Although the cause of the deadly Dec. 2, 2016, fire was never determined, Sabatini’s testimony also cast doubt on arson as the cause of the fire.

Almena also testified that a map of the layout of the warehouse used throughout the trial was not accurate. He said a long hallway from near the front door to a residence in the rear of the building gave a "straight shot" through the building and wasn't depicted in the image. He said "this exhibit has been working against me the whole time," and said the warehouse wasn't "maze-like" as had been described previously.

Almena also said under questioning from Curtis Briggs, who represents Harris, that Harris had nothing to do with electrical work at the warehouse and that many large modifications had been implemented before Harris moved into the building. Almena also said the title of executive director or creative director, which Harris had used on occasion in emails, did not actually exist.

Briggs said outside of court that Almena's testimony completely exonerated his client.

"We think Almena, to his credit, is holding up very well considering he bears most of the focus in this prosecution, and he's got a lot to lose," Briggs said. "He's facing 39 years in custody, and he seems to be doing very well. He got up there and told the truth. He's exonerated Max Harris — that's very important to us — and we're very happy about that."

Colleen Dolan, mother of fire victim Chelsea Faith Dolan, said outside of court that she didn't believe anything that Almena had said on the stand, including tears he had shed Monday and Tuesday.

"He is such a poor actor," Dolan said. "He doesn't know how to fake it very well. Children fake tears better than he does, and I work with children, and I've seen them when they go 'oh, boo hoo.' He can't even do that."

Prosecutors began cross-examination late Tuesday and are expected to continue Wednesday morning.