the defense team representing derick almena fired back of prosecutors. he's one of two men charged with involuntary manslaughter following the deadliest fire in oakland's history. henry lee is in our newsroom with today's passionate and pointed rebuttal. henry? >> reporter: three attorneys including tony sarah point the finger of blame at everyone except their client. his wife was shaken as she addressed the media saying her husband is a good man. >> he should have no criminal responsibility in this is a way to protect those who are afraid of getting sued for billions of dollars. >> strong words of the half of ghost ship leader derick almena charged with 36 counts of involuntary manslaughter . he and two other attorneys all working for free said that pg&e, oakland building inspectors, firefighters in the warehouse landlord and not the client are to blame for the tragedy that took 36 lives. >> we believe that he is being made a scapegoat. for persons and entities comparable for this great tragedy.>> reporter: the landlord was warned on several occasions.

however, derick almena was in court today. here is a picture taken just this afternoon. he is the one to the right of your screen in the green and white stripes. he is shackled. that is in lake county where he has to make his first appearance there before he can make it back here to alameda county. now we did reach out to his attorney, they were not available on camera, however, they did send us a statement that says "this is a miscarriage of justice and that he is being used as a scapegoat and they plan to fight vigorously in court on his behalf." >> you mentioned this in your story, it is noteworthy that prosecutors are not going after the building's owner. >> reporter: exactly. in the press conference the district attorney said derick almena is the one responsible from changing the building from an industrial site to a residential site, it was not in the lease with the owner at all. so when he made that change, it was his responsibility, they say to make sure there was a fire plan, an escape route, a fire extinguisher, sprinkler system, and because he did not do that,

on the other side of the equation they're saying derick almena is made out to be a demon. they're casting blame on other entities including city of oakland, pg & e, building inspectors that did not catch to the fact that this was a problematic warehouse. we hear other attorneys saying that derick almena is a good family man, not someone who should be pointed out or not someone who should be shouldering or placing the blame on this individual for the deadly fire. they say they have sympathy. micah allison is saying everyone should show some compassion for them. now, we do have some thoughts from this news conference earlier from tony serra. >> we believe that this prosecution is being bought in bad faith, that indeed there are alterior motives that lie behind the prosecution of our client. we believe that he is being made a scape goat for persons and entities culpable for this great tragedy. >> reporter: micah allison, the wife of derick almena, did show emotion when shilling he describes the fact that they are not bad people, that he is not selfish or reckless, this was so

earlier this week, the alameda d-a charged derick almena and max harris the creative director with 36 counts of involuntary manslaughter after 36 people died in the fire... however, almena's legal team countered the charges --- saying they draw focus away from the real issues. (grant) oakland mayor libby schaaf issued a statement saying that while it is a defense attorneys job to deflect attention away from their client, the da must hold people accountable. the two are back in court next week to enter a plea. (steve) happening tomorrow in the south bay.. an anti-muslim march will be held in santa clara. close to 30 other u-s cities will be holding similar rallies. the group behind it is called "act for america". that group says it's focus is fighting terrorism and promoting national security. however many peopl

derick almena and max harris created a fire trap with inadequate means of escape . they felt that area with human beings and are now facing the consequences of their actions. >> reporter: prosecutors did not file charges against the property owner. they would not elaborate. >> today's press conference, we're not going to take questions on a speculative atmosphere. >> we intend to vigorously defend them in a court of law. we believe that these charges represent no less than a miscarriage of justice and we are confident that this attempt to make a scapegoat of our client will fail. in a statement of her own the mayor says the charges, you will get away with making a profit by cramming people into dangerous spaces or failing to maintain safe living conditions. derick almena is in lake county. >>> we don't know yet whether there is the possibility that the owner of the building could be charged. >> the da seem to say that the investigation was concluded and no cause of the fire and they would only talk about the two defendants they charged.>> henry, thank you. >>> the n

derick almena was the master tenant of the building nicknamed the ghost ship. he is accused of letting people live in the building illegally and having large unpermitted parties in the building that had fire danger. derick almena, his wife and attorney addressed the media. >> i do not want to be seen as a victim. but rather, it be acknowledged that we all need help and support. especially when dealing with crisis. we are all grieving. >> we believe that he is being made a scapegoat for persons and entities culpable for this great tragedy . >> derick almena and his lawyers are pointing their finger at police, the fire department, building inspectors and saying those agencies were negligent. harris and derick almena are due in court thursday for a joint appearance where they may enter a plea. the bail is $1 million for derick almena. >> joining us to talk about what is next for oakland is city councilmember noah giles. you just heard the attorney saying, basically that the city is partly responsible for lack of inspections and lack of fire code enforcement your r

derick almena and max harris base 36 counts for the 36 people killed. the sheriff department released a booking photo. he was arrested this morning and transferred to the jail in -- we are live. >> reporter: those who died say they are still remembered here. the fire was six months ago almost to the day. they acted knowingly and disregarded the risk. >> reporter: they say derick almena and max harris created a fire trap renting space and hosting events in a warehouse that was full of unsafe construction. >> be allowed flow dance floor to ceiling of highly flammable materials. the building has no fire suppression nor did it have lighted pathways to get out. >> reporter: flames trapped people that night. for the concert and exit leading to the ground floor was perfectly locked. >> leaving only one way to get out of the building. >> reporter: he said little in court as a spell was set for over one million dollars. max harris was arrested in los angeles. the warehouse owner was not charged. >> the families are still hoping that the owners will be held accou

derick almena wife as for the compassion. >> my husband is a good man. max harris is a good man. they are not greedy. they are not selfish. or reckless. >> reporter: the big takeaway is the defense believes this case belongs in civil and not criminal court. derick almena , pg&e and the landlord are being sued in civil court .>>> a woman accused of abandoning her child near the san francisco zoo pleaded not guilty in court today. on monday witnesses reported seeing the 22-year-old pushing her five-year-old child out of her parked car on the great highway. patton drove off with her one- year-old son in the car. family services has custody of both children. she has been booked on two counts of child endangerment and one is a felony and the other is a misdemeanor and bill has been set at $100,000 extract the president responding to james comey's testimony. >>> governor brown in san francisco announcing a partnership to further his climate change agenda for california>>> a bit of unsettled weather in the forecast for your bay area weekend. i will check in on your current connect -- cu

derick almena, the master tenant who rented the space out to artists, and max harris, the self-proclaimed warlord of the ghost ship, both face 36 involuntary manslaughter charges. >> they created the high-risk of death, a reasonable person would have known that acting in that way would create such a risk and their actions were so different from the way an ordinary person would conduct himself or herself in the same situation. that their actions amount to disregard for human life. >> reporter: the district attorney said they deceived the police, the fire department, and the building owners by allowing people to live there. that they illegally held unpermitted events with large groups of people and on the night of the fire, the da says, the men purposefully blocked one of the exits from the second story, leaving the only way out a staircase of highly flammable pallets. >> the nearly impossible labyrinth of the defendant's making to get out of that building. eric name and harris's actions were-- thaegs their actions were reckless. >> the family of the 36 victims have been waiting for, and go

i went to the jail and was face- to-face from dell at -- derick almena but he turned away from us. ktvu fox 2 news. >> and the defense team of derick almena is planning to hold a news conference to discuss the case tomorrow morning at 11:30 am. we understand his wife is expected to speak. we will carry that news conference live on ktvu.com, ktvu, social media accounts and on the mobile app. >>> in a few hours the federal law enforcement agents are scheduled to release the details about the suspect an offer of an award in connection with the fire last month that destroyed the development at the emeryville-oakland border. investigators have been coming to the wreckage of the fire since may 13 when the blaze occurred in does droid that $35 million intersection project in the second fire in one year. we will string the press conference live on ktvu.com today at 2:00. >>> two men are shot, one dead and one in critical condition and we have the latest on the investigation underway in sunnyvale. >>> testing for inspections and how more than one dozen students at the fremont elementary sch

the sheriffs release a new photo of derick almena who was booked three hours ago. deborah joins us now with more of today's developments. >> reporter: the structure looks nothing like before. it is a boarded-up shell. during the six months an investigation has been underway leading to the two arrest. >> the da says derick almena and max harris knowingly created a fire trap renting space and hosting events in a warehouse that was full of unsafe construction. >> be allowed floor to ceiling storage of large quantities of highly flammable materials that created a deadly fire. the building had no fire suppression or lighted pathways to get out. >> reporter: trapped by smoke and flames guest calls it impossible to get out. leaving only one way to get out of the second floor of that old thing. -- building. >> reporter: he was emotional but refusing questions about his role. >> i am sorry. what you want me to say? >> reporter: he lives in lake county where he was arrested. he said little in court as his spell was set. they were arrested in los angeles and face a prison sen

one of the men she's talking about, derick almena, was the operator of the ghost ship warehouse. but tonight he's facing criminal charges linked to the deaths of 36 people who died when fire broke out. sharon katsuda joins us from oakland. >> reporter: six months after the devastating fire that killed 36 people in this oakland warehouse, district attorney nancy o'malley says master tenant derick almena will face charges for involuntary manslaughter. max harris is also charged. >> ail mlmena and harris allowe individuals to live in the warehouse and deceived the police and the owners of the building. >> reporter: it's likely the cause of the fire could remain undetermined because so much of the building and the contents were consumed by the fire. 100 people had attended the music event that december night in the warehouse. the memorial to the victims still stands today. and constant visitors are relieved to hear today's news. >> at least justice will be done for the families and their loved ones. >> reporter: authorities arrested almena in lake county and max harris in los angeles

there is a picture taken of derick almena as he made his first court appearance today in lake county, he is in the green striped jump suit. kpix 5's emily turner is live in oakland with more on the charges and who is off the hook for now. emily? >> reporter: the district attorney says both of the men charged knew the ghost ship wasn't to be lived in and wasn't safe. the owner of the building didn't know those things and therefore is not being charged. the converted warehouse went up in flames six months ago, and today the deaths of 36 people killed in the ghost ship fire will be charged to these two men. derick almena, the master tenant who rented the space out to artists, and max harris, the self-proclaimed warlord of the ghost ship, both face 36 involuntary manslaughter charges. >> they created the high-risk of death, a reasonable person would have known that acting in that way would create such a risk and their actions were so different from the way an ordinary person would conduct himself or herself in the same situation. that their actions amount to disregard for human life. >> r

. >> the master of the warehouse derick almena is back tonight to face charges. >> reporter: derick almena arrived here at santa rita just a few hours ago with bail set at just over $1 million. an unmarked lake county sheriff's car drove derick almena into the alameda county jail facility this evening. almena was arrested in upper lake earlier today almost six months to the day after the converted warehouse he managed nicknamed the ghost ship went up in flames killing 36 young men and women. >> they created the high risk of death. a reasonable person would have known that acting in that way would create such a risk. >> reporter: the alameda county district attorney announced the charges today against almena and another man, mack harris, 36 counts of involuntary manslaughter. almena was the master tenant who rented space out to artists. the d.a. said almena and harris died to the police and fire departments about how they allowed people to live at the ghost ship. she also accused them of holding illegal unpermitted events with large groups of people and on the night of the fire the d.a. sai

"derick almena and max harris. knowing created a fire threat, the inadequately prevented an escape, filled the area with human beings and now they are facing consequences of actions." o'malley says a special team examined six thousand reports, served 12 search warrants, interviewed 75 witnesses and reviewed 300 pieces of evidence. she says over the span of several years, the two - derick almena shown here - who leased the warehouse and max harris who was the creative director in charge of the space allowed the warehouse to be illegally transformed. 29:25 o'malley. "the lied to police, to fire department of what they were doing. "they had unpermitted construction of warehouse including electrical work. and she adds, they packed the warehouse with highly dangerous items. o'malley. "the allowed highly flammable items." o'malley says when the night of the fire came, the victims had no recourse when the fire broke out they were stuck. o'malley. "the paying guests of the event were faced with a newly created labyrinth of

today derick almena showed no emotion in court. his attorney called the case a distraction from the housing issue. almena was dressed in a red jail jump suit. he didn't say anything and did not appear to acknowledge relatives of some of the ghost ship victims sitting in the gal real. almena did not enter a plea to 36 felony counts to involuntary manslaughter, one count for each of the victims who died in december in the building he leased. >> this case is one of the most profound tragedies to strike the bay area in living memory. despite the strong emotions, we do not feel that the public goodwill be served by prosecuting our client. >> outside court, one of almena's three attorneys said the city of oakland and the rental market shoulder some blame for the tragedy and said the prosecution is misguided. >> this creates a distraction so that the local government doesn't have to address the fundamental issues of housing inequality and fire safety that will continue to be a problem in this community. they have not addressed their faili

tony serra, attorney for derick almena. "the da is shields the county. she is politically motivated, ambitious she wants to be the next attorney general, she wants to be the avenging angel, it is unspeakable this case." in addition, the group argued , if almena and harris are charged, why wasn't the warehouse owner who they say knew about problems inside the facility.kyndra miller, attorney for derick almena. "the government is wrong in how it landed this prosecution. the tenants warned about the electrical, yet the owner said the same thing again and again, i don't care, pay the rent."also in attendence at this news conference was almena's wife - michah allison, almena's wife. "we have all been devasted by too much."allison and almena lived at the warehouse with their three children but where not there the night of the party and subsequent fire. michah allison, almena's wife. "we all lived there, safety was a concern for my children and everyone else. we would not have lived there if it was unsafe."serra said the real guilty party in the tragedy lies at

tony serra, attorney for derick almena. "the da is shields the county. she is politically motivated, ambitious she wants to be the next attorney general, she wants to be the avenging angel, it is unspeakable this case." in addition, the group argued , if almena and harris are charged, why wasn't the warehouse owner who they say knew about problems inside the facility.kyndra miller, attorney for derick almena. "the government is wrong in how it landed this prosecution. the tenants warned about the electrical, yet the owner said the same thing again and again, i don't care, pay the rent."also in attendence at this news conference was almena's wife - michah allison, almena's wife. "we have all been devasted by too much."allison and almena lived at the warehouse with their three children but where not there the night of the party and subsequent fire. michah allison, almena's wife. "we all lived there, safety was a concern for my children and everyone else. we would not have lived there if it was unsafe."serra said the real guilty party in the tragedy lies at

derick almena faces 36 counts involuntarymanslaughter. jody mai hernandez is live with story. >> reporter: that's right, and we learned that max harris, the second man charged in that deadly fire just arrived here to the jail from los angeles. and he is being booked as we speak. meanwhile the lease holder of the ghost ship warehouse appeared in court today. and some of the victims' families made sure that they were there to see him. >> i wanted to see his expression, see if he had any remorse. >> reporter: the parents of a victim came to see for themselves one of the men prosecutors say is responsible for last december he'd deadly fire. derick almena appeared in court for the first time. >> are this case is one of the most profound tragedies to strike the bay area in living memory. >> reporter: almena's attorney da calls the charges a miscarriage of justice. >> despite the strong emotion, we don't feel that the public good will be served by prosecuting our client. >> a lot of emotion. >> reporter: and this victim's parents say seeing the

"> ( steve ) the wife and attorneys representing derick almena - the man in charge of the ghost ship warehouse in oakland, that went up in flames last year, came out fighting today. the attorneys accused the alameda district attorney of grand standing saying their client should not be held responsible for the criminal prosecution of those who died. earlier this week, the alameda d-a charged derick almena and max harris the creative director with 36 counts of involuntary manslaughter after 36 people died in the fire... however, almena's legal team countered the charges --- saying they draw focus away from the real issues. (steve) oakland mayor libby schaaf issued a statement saying that while it is a defense attorneys job to deflect attention away from it's client, the da must hold those responsible. the two ar

derick almena and max harris have been in custody for two-weeks. they are charged with 36-counts of involuntary manslaughter in the deadly december fire. no cameras were allowed in the courtroom, but derek almena's attorney says he is having a difficult time ( marty ) meanwhile, an attorney for of the deadly ghost ship warehouse defendants told reporters his client is innocent. curtis briggs, who represents max harris says harris is not the type of man responsible for killing 36 -people. briggs was also joined by family members, as they called harris a loving person who is innocent.

"derick almena and max harris. knowing created a fire threat, the inadequately prevented an escape, filled the area with human beings and now they are facing consequences of actions." >(steve) six months after an out of control fire killed 36 people. criminal charges filed against two men in the ghost ship warehouse tragedy in oakland. (steve) thank you for joining us i'm steve aveson.(vicki) and i'm vicki liviakis ... pam moore is off this week. today the district attorney said the two men charged acted recklessly and created the high risk of death inside the building.(steve) tonight we have team coverage on the arrest. kron-4's justine waldman joins us live from oakland with emotional reaction to the charges but first grant lodes is here to break down the accusations the men are facing (grant) this is a picture of one of the two man arrested and charged with 36 counts of involunary manslaughter.. derek almena appeared in a lake county courtroom...he was picked up in lake county. almena is the former master tennan

serra, attorney for derick almena "from our perspective, this nefarious motive of this prosecutor is for attention. these two did not in any way direct or indirect cause that fire." micah allison, almena's wife "we should be looking at ways to create safe places to live.">( marty ) oakland mayor libby schaaf issued a statement saying that while it is a defense attorney's job to deflect attention away from their client, the d-a must hold people accountable. the two are back in court next week to enter a plea. ( marty ) now to the warriors, who had a chance to make n-b-a history by becoming the 1st team to go undefeated throughout the postseason. but the cavs had other plans. they came out on fire. scoring a finals record 49 points in the 1st quarter. the warriors, who trailed the whole game could not overcome the deficit. kevin durant had another strong game, scoring 35 points in the contest. but cleveland guard kyrie irving stole the show. he carved up the warriors defense, getting to the basket at will, finishing with a game high 40 points. lebron james finished with his ninth tripl

tony serra, derick almena's attorney. "he was in dealing with some depression. he seems stronger now, he has received some counseling" also, both of their attornies plan to try and get them out of custody. in court friday, both had friends in attendence as well as some family members. there were also some family members of victims - specifically michaela gregories parents, who showed up, they declined to talk estacio- both men are back in court before a judge in july. terisa estacio kron four news (grant) just hours after this morning's hearing. max harris' legal team gathered friends and family of his...and met with reporters to make it clear... their client is not only innocent but should not have been charged in the first place kron 4's dan kerman is live tonight in oakland near the scene of that deadly fire...dan. (dan kerman)up to now the alameda county district attorneys office has suggested max harris was the second in command at the ghostship warehouse, and as creative director there rented the upstairs space for the dance party that ended in an inferno

derick almena will be arraigned in alameda county. he was the man in charge of the warehouse when it went up in flames last december. 36 people died in the fire. almena is charged with 36 counts of involuntary manslaughter. if convicted he faces up to 39 years in prison. ( james ) now to the dubs... the warriors are on the verge of history. they are still undefeated this postseason after a thrilling game three victory against the cleveland cavaliers in the nba finals. golden state is now just one win from the championship. let's go to the highlights now. we'll jump straight to the 3rd quarter. the dubs, down by two when steph curry drives inside and flips it in and gets the and one. the warriors take the lead after the free throw. but then a few minutes later with the warriors up by two, lebron james take the ball up court and powers his way into the lane and draws the foul as well. the cavs would go on a run to end the 3rd quarter and build their largest lead of the finals. but then in the 4th, with the game on the line and the clock

yes, that man was derick almena. the master tenant of the ghost ship warehouse. he's behind bars here in dublin, and his side kick, max harris, who also faces charns, was arrested in los angeles county and will be brought here at some point this week. we'll show you the mugshot of almena. both men were arrested yesterday morning outside of alameda county. alameda arrested in lake county, and harris was in los angeles county. this is after an exhaustive six-month investigation, the d.a. announced both men face criminal charges in connection with the ghost ship fire which includes 36 counts of involuntary man sloter for the 36 people who died in december in the party where the warehouse went up in flames. the d. amp also adding the two men knowingly created a fire trap, an inadequate space for folks to eskwap. if convicted, they could face up to 39 years in state prison. we got a chance to speak to the mother of one of the victims who passed away inside the warehouse. she hopes justice will be served. >> you feel like you're in this state of limbo waiting to hear s

derick almena with arrested in lake county on monday. a judge set his bail at more than a million dollars. the ghost ship warehouse went up in flames killing 36 people. the district attorney says that almena and another man lied to the police and fire departments about allowing people to live at the ghost ship and he also accused them of holding illegal unpermitted events with large groups of people. on the night of the fire the d.a. says the men blocked a second- story exit. >> they created the high risk of death. a reasonable person would have known that acting in that way would create such a risk. >> reporter: she announced the charges on monday against almena and this other man max harris. 36 counsels of manslaughter. harris lived in the ghost ship on and off and called himself the warlord of it. and he was reportedly helping collect tickets the night of the fire. the hearing this morning starts at 9 a.m. live in oakland, anne makevoc, kpix 5. >>> this morning the aps is looking for a suspect behind a fire at a construction site in e

three at turner -- three attorneys and derick almena 's wife took turns defending him today. we have details about what they said. >> those three attorneys seem to point their fingers at everyone but the client. his wife was shaken as she addressed the media saying her husband is a good man. >> this is a phony charge to protect the real people because are afraid they're going to get sued for billions of dollars. strong words by tony sarah about half of go shift leader derick almena now charged with 36 counts of involuntary manslaughter. he and two other attorneys all working for free say that pg&e, open building inspectors, firefighters in the warehouse landlord and not the client are all to blame for the tragedy that took 36 lives. >> we believe he is been made a scapegoat for persons and entities comparable for this great tragedy.>> the landlord was warned on several occasions that there may be issues our there were issues with the electrical wiring. and the response from the landlord, it was the same on every occasion. i don't care. pay the rent. >> reporter: one of the mo

defendants derick almena and max harris created a fire trap. there were in adequate means of escape and they feel that area with human beings and are now facing the consequences of their actions. >> prosecutors did not file charges against the property owner. they would not elaborate. >> we are discussing charges that we have b -- we have levity and were not taking speculative questions. >> attorneys said we intend to vigorously defend them in a court of law. we believe that these charges represent no less than a miscarriage of justice and we are confident this attempt to make a scapegoat out of our client will fail. >>> the oakland mayor released a statement calling these two man's actions deceptive and reckless. she said the charges send a message that quote you won't get away with making a profit by cramming people into dangerous bases are failing to maintain safe living conditions. that is a latest from oakland. >>> do you know when they will appear in court? >> they are both in lake county. they are in the process of being . >>> coverage o

> serra/derick almena attorney says: "he was in dealing with some depression. he seems stronger now, he has received some counseling">(steve) both almena and harris face 36-counts of involuntary manslaughter. their attorneys say they are trying to get almena and harris out of custody. both men will appear back in court before a judge in july. (pam) an attorney for one of the deadly ghost ship warehouse defendants ... spoke out today, telling the media, his client is innocent. (pam) curtis briggs, who represents max harris says, harris is not the type of man responsible for killing 36 - people. briggs was also joined by family members, as they called harris a loving person who is innocent.