this morning derick almeda and max harris are both behind bars and facing 36 counts of voluntary manslaughter, one count for each of the people who died that massive fire last year that broke out during an electronic music concert that was taking place at this warehouse. almeda was taken into custody in lake county yesterday and has already been brought back here to almeda county to face charges. harris was arrested in la county and returning soon the almeda county district attorney says victim were trapped by smoke and flame that night because the two defendants created a nearly impossible labyrinth to get out of that clouterred warehouse. >> they allowed floor to ceiling storage of large quantities of highly flammable materials that created deadly and dangerous space. the building has no fire suppression. nor did it have lighted pathways to get out.

"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

derick almaina and max harris are awaiting their day in court. both are facing involuntary manslaughter charges. they're responsible for the death of 36 people in the fire in december. the d.a. said they knowingly created a fire trap with inadequate escapes. we spoke to one of the victim's families who said the arrests couldn't come soon enough. >> you feel like you're in this state of limbo, and it feels better knowing there's movement going on. >> almena is in jail being held on over a million dollars. in the meantime, max harris is in the process of being brought back to alameda county. >> in the meantime, we learned almena and max harris are no strangers to law enforcement. vicky nguyen looks at their past and where they have been since the ghost ship fire. we posted her story to our website, nbcbayarea.com. >>> we head now to washington, d.c. where there's new information comeb in overnight on the russia investigation. a leaked document is providing more evidence that russian officials tried to hack the presidential election. tracie potts is

the alameda county district attorney saying ghost ship warehouse founder and his associate max harris knowingly created a firetrap. >> with inadequate means of escape they then filled that area with human beings and are now facing the consequences of their actions. >> the da saying the men illegally turned the building into a residence and allowing this. >> endless clutter. floor to ceiling storage of flammable material. and make shift staircases lit and difficult to navigate. >> o particularly, they actually blocked one of the points of egress leaving one way to got out of the second floor of that building. >> the da also saying almeda illegally used warehouse for music events and social gatherings. on the night of the fire nearly all the people who died wear tending a dance party on its second floor. almena and harris face up to 39 years in prison if convicted. several weeks after the fire, al mena's attorney said he did not engage in conduct. and responsible for not cracking down on code violations at the warehouse. diane, kendis. >> turning to a medical headline and babies where t

his co-defendant, max harris, is his co-defendant, max harris, is being extradited from a them almena is being charged with 36 counts. >> they allowed group in the space and on december 2, 2016 particularly they blocked one of the points of egress, leaving only one way to get out of the only one way to get out of the second floor of that building. almena county. there was a party going on, it was on the second floor and prosecutors say people just could not get out. he is scheduled to appear in court on thursday. reporting live from dublin, amy hollyfield, abc 7 news. >> make sure you're up to date on the latest, download the abc 7 news app and enable push alerts. >>> california governor jerry brown says he's very disappointed in the president over his decision to pull out of the paris climate accord. the governor made these comments at clean energy conference in beijing. he says the president's decision will prove temporary and says science will eventually bring the u.s. back to the forefront of climate change efforts. >> we face not just a technical barrier, we face political barrie

harris clearly loves people, as much as somebody who loved creating art, as much as max harris loved creating art, would never put people in art in a position where they could be destroyed or harmed. >> reporter: harris wrote this statement. >> i am heartbroken to be both someone who witnessed the horrible event and who lost loved ones, but who now is on trial for something that i never would have imagined possible. >> reporter: earlier today harris and almena were in court. their plea hearing moved to july. outside the courtroom, attorneys for each promised his client would be vindicated. >> try to direct people out, he did direct some people out. he hurt himself trying to give fire fighters access. >> we don't really in this trial foresee the emphasis on defending our client. it's going to be reversal of roles. we're going to be prosecuting and we're going to be prosecuting from our perspective the real culprits. >> reporter: he said that includes the building's owner, pg&e, the fire department and building inspectors. none of whom are facing criminal charges. melanie woodrow, abc7

the financial means to defend themselves. >> somebody who loved people as mump as max harris clearly loves people, as much as somebody loved creating art, as much as max harris loved creating art, would never put people in a position to be destroyed or harmed. >> reporter: harris along with co-defendant derek al mena face 36 counts of manslaughter for the lives lost. >> max harris was involved in two events out of 15 or 20 over the course of two years where he had some kind of roam and this event was not -- he had some kind of role and this event was not one. >> there is no malicious bone in his body. >> i am heart broken, to be somebody who witnessed the horrible events and lost loved ones who now is on trial for something i never would have imagined possible. >> reporter: earlier today they were in court, their plea hearing was moved to july. >> we don't really do this trial foresee that emphasis on defending our client is going to be reversal of roles. we will be prosecuting. we will be prosecuting from our perspective the real culprits. >> reporter: derek almenez attorney says th

max harris also one of the tenants of the warehouse according to the interview that he did months ago with the east bay times. the east bay times a share this photo with this, and he was the "second-in-command to almena" and the doorman greeting people as they went into the warehouse the night of the fire and was arrested this morning and los angeles. the warehouse fire was never zoned for residential use and the people that live there reported the building and numerous fire hazards, and blocking the exits and stairways with dozens of extension cords with exposed electrical wires snaking through the building. 30 speak -- 36 people died at the fire and there was a party being held in the top floor. the victims were overcome by smoke and unable to escape the flames. we contacted the lawyer of almena to get a response and the associate of the attorney said no comment and hung up. the alameda county district attorney will be sharing more details with specific information on the criminal charges against almena and harris scheduled for the news conference at 1:00 this afternoon. we will be

his right hand man, max harris, was arrested in l.a. he's transferred here to the county in the next day or so. his attorney attempt to make their client escape bail. they intend to vigorously defend him. reporting live in dublin, amy hollyfield, abc 7 news. >> thank you. >>> on the peninsula, mountain view police are designate for help to find a missing 11-year-old boy. he was last seen at huff elementary school this morning. he's in 5th grade. he was wearing a white t-shirt and khaki pants when vanishing. he's 5'1". if you see him, call mountain view police right away. >>> san fransisco police look for two adults seen abandoning a young boy by the side of the road after 6:00 last night at slope boulevard and great highway. this is close to the zoo. medics from the fire department witnessed what hapened and called the police. the child was not hurt. witnesses say the adults drove away with possibly another child inside the car. >>> happening today, the california supreme court will hear arguments in the case challenging proposition 66.

derick almena, also known as derick ion, and max harris face 36 counts the involuntary manslaughter, one for each of the victims. max harris' attorneys are working for free, they said that he did not block a stair quay exit as the prosecutors allege. >> i ask the public to keep an open mind. i ask the families and friends that lost their loved ones to have an open heart. >> max harris said he is being made a scapegoat. he is in protective custody and is having a difficult time adjusting to jail food because of his religious diet restrictions. the landlord has fled to china. >>> a group will proceed with a lawsuit saying that california's right to die law is unconstitutional. the legal challenge from the doctors groups claim that the law does not protect patients if they are wrongly diagnosed but supporters of the law say that the doctors do not have to issue pripses and that the law offers faishts a choice. >>> san francisco is welcoming the latest group of police recruits. they started to train yesterday. after the six month program they are being paired veteran officers on the stre

una audiencia ante el juez ---almena y max harris enfrentan 36 cargos por homicidio involuntario y hoy a las cinco y treinta tendremos ms detalles sobre el proceso judicial que se les sigue... voboxes/lorena --las autoridades de san francisco siguen investigando las causas del ataque en una de las instalaciones de ups... --hasta el momento, se sabe que ''jimmy lam'' dispar a determinados empleados y pidi a otros salir del lugar... --''lam'' dispar mortalmente contra tres porque presuntamente haba sido hostigado por dos de ellos ...pero, esta versin no ha sido confirmada por la polica ... --por su parte, miembros del sindicato revelaron que ''lam'' haba entablado una queja el mes de marzo.... por exceso de trabajo... vo/cesar ---en antioch los familiares y amigos del adolescente ''marcos garca'' an lloran su repentina muerte ... ---hace una hora se ofici una misa en honor al joven hispano.... ---''garca'' perdi la vida la semana pasada cuando un amigo le dispar de forma accidental con una pistola de perdigones... ---el incidente conmovi a toda la comunidad , personas allegadas se unen a

. >> today my office has filed felony complaints against max harris and derick almena. >> criminal charges in the building manager is back in alameda county. >> it was the deadliest fire in modern history. now two men face 39 years in prison if convicted. 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 refus

"dereck almena y max harris" se presentaron juntos por primera vez ante un juez, tras el mortal incendio del llamado "barco fantasma" donde murieron 36 personas y que de acuerdo con los argumentos de los fiscales del condado de alameda... ambos tendran una responsabilidad directa --- --- uno de los acusados, "max harris" habl ayer en exclusiva para el diario "east bay times" y se refiri a una dura acusacin en particular... --- segn los fiscales l habra bloqueado el acceso a la escalera del lugar durante los preparativos a la fiesta que tendra esa noche del 2 de diciembre de 2016--- --- harris, director artistico de dicha fiesta... neg tal acusacin e indic a travs de un comunicado dado a conocer por su equipo legal que l "contina afligido por aquellos a quienes intent ayudar esa noche cuando el incendio estall... y que sus oraciones estn dirigidas a las familia de las vctimas --- --- la fiscal "nancy omailley" seÑal en la acusacin inicial que tanto almena... quien administraba la bodega.. como harris llenaron el edificio con una combinacin mortal de materiales inflamables y de personas -

. >> 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 mansecuo trap was tough. >> i think what he said was nonsense. >> reporter: almena will appear in court with max harris next week. again, we

harris or charge him for these crimes. >> reporter: max harris' attorney who we heard from today is blaming the building's owner. harris was a tenant in the ghost ship warehouse and helped plan the december 2 party that waunder y wafire broke out trapping people on a makeshift second floor. 36 people died. >> mr. harris was one of the many people there that was lucky enough to get out. he should be treated no differently than any other person who was struggling to pay the rent at that building. >> reporter: derick almena was the master tenant accused of turning it into a housing and party space without the proper permits or safety systems. his attorney blames the landlord, the city and the utility provider and he says he expects almena will take the stand to testify in his own defense. >> when the trial finally comes, it will be a very conflicting and adversarial and hostile environment in court. >> reporter: supporters of max harris and family members of the victim appeared in court today where our cameras were not allowed. both defendants are expected in court again on july 7 where they m

torres, mull tin nate into the debt knee. >> almena and harris. >> says derick almena and max harris created a fire trap, she says the warehouse was full of unsafe construction and electrical work. >> floor to ceiling storages of highly flammable material that created deadly and dangerous space. >> the building has no fire suppression, nor did it have lighted pathways to get out. >> trapped by smoke and flames, guests that night faced what o'malley calls a nearly impossible labyrinth to get out. for the concert an exit leading to the ground floor was purposely blocked. >> leading only one way to get out of the second floor of that building. >> rather get on the floor and be trampled by the parents. >> this is derick shortly after the fire, refusing questions about his role. >> sorry, i'm incredibly sorry, what do you want me to say? i am not going to answer these questions. >> he was arrested and booked, he said little in court as his bail was set at just over $1 million. he and harris arrested in los angeles face potential prison sentences of 39 years. >> it is a good start. but cer

. >> the lawyers were joined by a relative and friend of max harris. they say is immoral and unethical for the da to charge them. they say the landlord is to blame for the deadly fire. >> there's not a malicious or greedy bone in maxis body. i asked the public to please keep an open mind. i asked the families and the friends who lost their loved ones to have an open heart. >> please by loved ones of max harris one of two men charged by the prosecutors with 36 counts of involuntary manslaughter. one for each of the victims who died in the warehouse fire and oakland. harris his aunt says he was lucky to escape the flames himself after trying to rescue people. >> he gave up trying to save others only when he was overwhelmed by the intense heat and smoke. some would call that heroic. >> defense attorneys say that harris did not host or organize the music event the night of the fire nor did he block a stairway exit as the da alleges attorney say he was not the right-hand man of the master tenant charged with the same felony counts. both men appeared in cour

"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." shelley mack/former warehouse tennant: "they're animals, they're evil. they're everything i said they were, but they are not the crux of the problem. it's everyone that allowed them to do what they did. "> ( darya ) thanks lydia. we will check back with you through out the morning. ( mark ) six months after the deadly fire - a memorial for the victims remains outside the ghost ship warehouse. donna kellogg was one of the three dozen people killed that december night. her mother sue slocom says her daughter loved to dance and that is why she went to the warehouse the night of the fire. but her mom also says she firmly believes donna would not have gone to the party if she knew how unsafe the building was. slocom spoke to kron 4 over the phone about the arrests. <(sue slocom/daughter died in fire): "it is horrifying to think they didn't

>> reporter: reggie max harris's and questioning why the owner of the building has not been charged with crimes in this case. no cameras were allowed in the kproo courtroom, but we have the mug shot of harris. prosecutors say he organized the warehouse party in december and accused him of hosting it in a a building of what they called a fire trap with one escape route from the second floor. they say it violated fire codes. harris tried to save lives that night and should not be charged, according to the attorney. >> they picked up four starving artis artists, losing their belongings and friends in that fire and now pinned for criminal charges. that's immoral. our client is a beautiful person. >> reporter: harris has a codefenda codefendant, the landlord for the residents in the warehouse, and harris was the right hand man. they face 36 counts of involuntary manslaughter for the 36 people who died in the fire. today's proceedings were postponed. both men were there. they are in custody, but they did not enter pleas. they did have family members and friends in the courtroom to support them

. >> attorneys asked the judge to delay the hearing next week when almeda will be of joined by max harris, facing the same 36 felony counts. the da said they allowed the warehouse to be filled with flammable things from floor to ceiling. the only exit was an unstable staircase. defense attorneys and micah allison plan to address the media friday at a news conference in san francisco. they say they'll discuss the circumstances that lend themselves to our clients innocence. almeda declined to be interviewed. henry lee, ktvu fox 2 news. >> can you watch that news conference right here on ktvu, it gets under way at 11:30, we will carry it live, you can watch it on ktvu.com and on our social media accounts. >>> a new mug shot is out of the other defendant, max harris has been book in dublin. he was transported back to the bay area yesterday from la where he was arrested on monday. harris is also facing 36 counts of involuntary manslaughter. >>> there is more fallout from yesterday's congressional testimony from fired fbi director james comey. he says the white house lied about him but now the

a good man max harris is a good man. >> they are not greedy. they are not selfish. or reckless. >> so the big takeaway today is that the defense believes this case belongs in civil court.>>> in oakland mayor released a statement saying that while it is a defense attorney's job to redirect attention away from the client, it is the das duty to hold those responsible for this tragedy accountable. >>> we're following direct -- developing news for crews are battling a warehouse fire. it's at the american chemical and sanitary supplies warehouse. it went to five alarms and sent lock smoke hundreds of feet into the air and cause a roof to collapse. at least one worker was injured and taken to the hospital. police are urging people to stay away from the area since there may be hazardous materials burning. >>> chevron is trying to determine the source of a hazardous bill in the bay. officials say the spill was discovered this morning. chevron put booms around the area to keep it from spreading. the substances of blackstone like material and in the water

"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

harris. >> there is a malicious or greedy -- there is not a malicious or greedy bone in max's body. i ask the public to please keep an open mind and to ask family and friends to have an open heart. >> reporter: a plea by a loved one of max harris. one of two men charged by alameda county prosecutors with 36 counts of involuntary manslaughter. one for each of the victims who died in the ghostship warehouse fire in oakland. he was lucky enough to escape the flames himself after trying to rescue people. >> he gave up trying to save others only when he was overwhelmed by the intense heat and smoke. some would call that heroic. >> reporter: defense attorneys working for free saying harris did not host or organize the music event. nor did he block the exit. attorneys say he was not right- hand man of derick almena. both men appeared in court on friday, but did not enter a plea. instead harrison's attorney says the warehouse landlord is to blame for the tragedy because of electrical issues. >> that person killed young men and women because they put profit before they put safety. max harris

max ohr and max harris created a fire trap with inadequate means of escape. they then fill that area with human beings and are now facing the consequences of

harris truly loves people, as much as somebody loved creating art, as much as max harris loved creating art will never put people in a position where they can be destroyed or harmed. >> reporter: harris along with his co-defendant face 36 campaign 2000 u counts of involuntary man slaught in the ghostship warehouse fire. >> max was involved in two events out of 15 or 20 over the two years he actually had some role and this event was fought one of them. >> there is not a malicious or grieving bone in max's body. >> i am heart broken to be someone who witnessed the horrible events and lost loved ones who now is on trial for something i never would have imagined possible. >> reporter: earlier today, they were in court. their plea hearing was moved to july. >> we don't really do this trial foresee that emphasis on defending our client is going to be reversal of roles. we're going to be prosecuting, we're going to be prosecuting from our perspective. >> reporter: derek al menez says pg & e and the fire department and building inspectors, none of whom are facing criminal charges. p. >> it took

>> reporter: well i can tell you the attorney for max harris and derrick al men aire say the clients are innocent. the attorney for harris says he is innocent and being unfairly blamed by the alameda county district attorney office who needed somebody to blame and unfairly singling his clients out. >> he gave up trying to save others only when he was overwhelmed by the intense heat and smoke. some would call that heroic. >> laura lynn was filled with eems talking about her nephew max harris. he is facing 36 counts of involuntary manslaughter one for each person killed in the tragedy. >> please keep an open mind. i ask the families and friends who lost their loved ones to have an open heart. you are in our ernest prayers. >> jailed now with bail set at $1 million harris and codefendant face a judge at the alameda county courthouse. attorneys for both men say the clients are starving artists being targeted for crimes they didn't commit while the people responsible go free. >> our clients were made a scapegoat and a shield from our perspective of the real responsible parties in this cas

now police have arrested derrick almena and max harris... both men are charged with multiple counts of involuntary manslaughter.(steve) prosecutors say almena rented out space in the illegally converted warehouse and "knowingly created a firetrap." harris is accused of organizing the dance party of the night of the fire.(vicki) tonight we have reaction from family members who lost loved ones.. first -- kron4's alecia reid is live with more on the criminal case. derek almena was booked into the santa clara jail at 7'o clock this evening...after making a brief court apperance in lake county.the former tenant i spoke with has no sympathy for the two men that were arrested . pkgoh hell no. hell no. hell noooo. i remember they were doing a little gypsy dance when i was leaving and telling them they were gonna pay, so i'm glad this is derek almena's booking photo from this evening. the alameda county district attorney says he and max harris are to blame for the 36 lives that were lost in the ghost ship fire back in december. i'm not surprised. i'm

max harris in los angeles. many family members too emoti emotional to talk on camera about today's arrest. one telling us off camera he is frustrated more people aren't being prosecuted for the death of 36 people. meanwhile, donna says her daughter was smart, funny skpk special. she's pleased with today's arrest but dealing with her difficult is difficult. >> i loved their so much. and she was quite a bright little spirit. i -- i think that the world really lost something, someone important, in donna. >> reporter: almena will be in court on thursday. bail is set for over $1 million. reporting live in bub listen, sharld hurd, nbc bay area news. >>> oakland mayor libby is applauding the district attorney today saying the reckless actions the men claimed 236 innocent lives. for years they worked hard to deceive official. because of their callous disregard for human life they deserve to be prosecute fahd the fullest extent of the law. our senior investigative reporter vicke nguyen look at their past, where they hav

. >> somebody who loved people as much as max harris clearly loves people. as much as somebody loved creating art, as much as max harris loved creating art, would never put people in art in a position where they could be destroyed or harmed. >> reporter: harris along with co-deft derek almeda face 36 counts of manslaughter for their involvement in the ghost ship fire. >> over the course of two years, where he actually had some kind of role. and this event was not one of them. >> there's not a malicious or greedy bone in max's body. >> harris wrote this statement. >> i am heart broken to be one who witnessed the horrific events and lost loved ones, but i never thought i would be in this position. >> reporter: their plea hearing was moved to july. >> we don't really in this trial foresee the emphasis on defending our client. it's going to be reversal of role we're going to be prosecuting, we're going to be prosecuting from our perspective the real culprits. >> the attorney says that means the fire department, pg&e and fire inspectors, none of whom are facing c

he and max harris are charged with 36 counts of involuntary manslaughter because of this warehouse fire last december. the converted building nicknamed the ghost ship went up in flames during a late- night party killing 36 young men and women most trapped on the makeshift second floor of the warehouse which was packed with flammable collectibles. >> there's a lot of emotion i can tell you that. >> reporter: david's daughter was killed in the fire. he is one of several victims' family members who came to the courtroom today. >> see if he had any remorse. >> did you see any of that? >> not from what where i was standing, no. >> reporter: the district attorney says almena lied to the police at the fire department about people living there and holding illegal unpermitted events. and on the night of the fire, she says the men blocked a second-story exit. today almena's lawyer called it a tragedy but said the prosecution does no good. >> it creates a distraction. so the local government doesn't have to address the issues of housing inequality and fire safety that will continue to be a problem

almena and max harris are charged with 36 counts of involuntary manslaughter. >> there are a host of new films from horror and suspense to kids' comedies and movies that will make you cry making their way to the big screen. >> here is the latest on what's in you in theaters. >> welcome to a new world. >> tom cruise's reboot of the mummy hits theaters. the story follows anxious princess awakened and searches for a mysterious ruby that will bring ultimate power. >> shipping out tomorrow. >> we are so not ready for this. >> meghan leavy is based on the story of a young woman who enlisted in the marines and formed an emotional bond with a bomb sniffing tour. >> the suspense thriller comes a night and follows a family trying to stay alive while a virus threatens the world. >> you must have hated me. >> a mysterious woman convinces her cousin she's innocent of a murder. >> you are now the amazing captain under pants! >>> newcomers up against captain movies, first epic movie, and wonder woman. >> we have to go this way first. >>> good samaritans and an oakland police officer are showing a h

this is a new booking photo we just received of max harris. he was booked this afternoon after being arrested in los angeles earlier in the week. this comes as the other suspect facing 36 counts of manslaughter, master tenant derick almena, faced a judge for the first time today. ktvu's crime reporter henry lee has more. >> with both men back in alameda county this case can move forward. 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 a

acted knowingly and without disregard for risk. >> da says derick almeda and max harris knowingly created a fire trap hosting events in a warehouse full of unsafe construction and electrical work. >> they allowed floor to ceiling storage of large quantities of highly flammable material that created a deadly and dangerous space. the building has no fire suppression, nor did it have lighted pathway pathways to get out. >> trapped by smoke and flames, guests that night faced what o'malley calls a nearly impossible labyrinth to get out. a concert, leaving one exit was locked. >> rather get on the floor and be trampled by the parents. >> this was derick almeda shortly after the fire emotional but refusing questions about his role. >> i'm so sorry, i'm incredibly sorry, what do you want me to say? i am not going to answer these questions. >> almeda lived in lake county where he was arrested and booked. he said little in court as his bail was set at over $1 million. he and harris arrested in los angeles faced potential prison sentences of 39 years if convicted. >> it's a good place to start. i t

again, max harris was booked into the santa clarita jail late today. he's the man who investigators say was the creative director of the ghost ship and helped almena to collect rent. he's expected to be in court sometime next week. in dublin, jodi hernandez, nbc bay area news. >>> it is official. two massive fires at an east bay construction site have now been ruled arson. now a six-figure reward is being offered to help find the suspect. this under construction apartment complex in emeryville burned for the second time last month. it was formally ruled arson. police released photographs of someone they believe may have started the fire. it destroyed what would have been a mixed-use five-story building including a hundred apartments. the city and developer say they will rebuild. >> we believe we can make ourselves into a more livable city by growing our population. this incident will not call into question our overall direction of the city. >> atf also says the previous fire at the very same building last july was also intentionally set. but they don't

. >> somebody who loved people as much as max harris clearly loves people. as much as somebody loved creating art, as much as max harris loved creating art, would never put people in art in a position where they could be destroyed or harmed. >> reporter: harris along with co-deft derek almeda face 36 counts of manslaughter for their involvement in the ghost ship fire. >> over the course of two years, where he actually had some kind of role. and this event was not one of them. >> there's not a malicious or greedy bone in max's body. >> harris wrote this statement. >> i am heart broken to be one who witnessed the horrific events and lost loved ones, but i never thought i would be in this position. >> reporter: their plea hearing was moved to july. >> we don't really in this trial foresee the emphasis on defending our client. it's going to be reversal of role we're going to be prosecuting, we're going to be prosecuting from our perspective the real culprits. >> the attorney says that means the fire department, pg&e and fire inspectors, none of whom are facing c

the alameda county district attorney saying ghost ship warehouse founder and his associate max harris knowingly created a firetrap. >> with inadequate means of escape they then filled that area with human beings and are now facing the consequences of their actions. >> the da saying the men illegally turned the building into a residence and allowing this. >> endless clutter. floor to ceiling storage of flammable material. and make shift staircases lit and difficult to navigate. >> on december 2, 2016, particularly, they actually blocked one of the points of egress leaving one way to got out of the second floor of that building. >> the da also saying almeda illegally used warehouse for music events and social gatherings. on the night of the fire nearly all the people who died wear tending a dance party on its second floor. almena and harris face up to 39 years in prison if convicted. several weeks after the fire, al mena's attorney said he did not engage in conduct. and responsible for not cracking down on code violations at the warehouse. diane, kendis. >> turning to a medical headline