harris and almena face 36 counts of involuntary manslaughter. harris' attorney plans to make a motion to separate the cases at a hearing tomorrow. >> based on even what a lot of the victims' families said, max harris was in a much different position than almena. max harris saved lives that night, took immediate accountability and cooperated. >> almena's attorneys are considering whether to request a change of venue for the trial. >>> a former santa clara city councilman who is a high school teacher will not face charges following accusations of sexual harassment. the district attorney's office says there is insufficient evidence against dominic caserta. he resigned from the santa clara city council and withdrew from the county supervisor race after several women said he behaved inappropriately. they included former students. in may our media partner reported caserta would remain sivecivics's teacher. >>> a live look outside, atop pier 15 we're starting to see a few breaks in the marine layer so looks like the cloud cover not as thick right now a

last month they pled no contest and almena said he is guilty several times in a statement.ames cramer denied the plea deal last week because all the families demanded it and kramer didn't believe almena showed remorse. maybe schaaf of oakland denies any responsibility for the deaths of the 36 victims. >> these two individuals who knowingly did things to this building to make it unsafe, that is where the focus of the trial should lie. >> reporter: in a letter the "associated press" obtained the district attorney sent to the judge, she asked for this case to be sent to trial. she said she was cutting off talks with defense attorneys and that prosecutors would not be negotiating plea deals with almena or harris. the district attorney wrote, quote, while this case may not be typical of what we see in the criminal justice system, the statements at the two-day hearing and the depth of their pain and loss had a profound impact off the people's analysis of what constitutes a just punishment in those cases. today's hearing is set to start at 9:15 a.m. in oakland, jackie ward, kpix 5

however the judeg said he found no remores in the words on almena. the judge told the courtroom he rejects derick almena's 9 year sentence no contest plea but because the plea involves both defendants the deal was rejected for both defendantssot defense attorneyboth defendants attorneys and prosecutores will return to friday in oakland haaziq madyun kron4news (grant) we first told you about the plea deal being rejected with a breaking news push alert. download the kron4 mobile app and be the first to know about breaking news in your neighborhood. (vicki) back to our other breaking news story tonight... a jury has awarded nearly 300-million dollars to a former school groundskeeper who claimed monsanto's popular roundup weed killer contributed to his terminal cancer.(grant) kron 4's maureen kelly is live in san francisco tonight with the details. maureen? the jury's decision is a major to award nearly $300 million a major victory for the plaintiff... and possibly for hundreds of other people with similar claims that the weed killer roundup gave them ca

we don't know whether almena will talk. as for whether the judge will change the sentencing or dismiss this previously brokered plea deal, it's unlikely because a different judge had brokered this deal, but we shall see tomorrow. live in oakland, i'm da lin, kpix5. >>> we're learning some new details in that house fire in vallejo that killed a mom and her twin teenage girls. investigators now say 47-year- old mau dao set herself on fire and that ignited the family home on georgia street early sunday morning. she and her 14-year-old twin daughters died in that blaze. a third 11-year-old daughter escaped. police are now calling it a case of suicide resulting in two homicides. ations. among them-- new digital cameras and software that would analyze the movement of riders... >>> today the b.a.r.t. board voted against a number of measures to enhance security at its stations, among them new digital cameras and software that would analyze the movement of riders. kpix5's anne makovec said others were sent back for further study. >>

almena era la persona que Él rento labodega convertÍan residencia para artistas.cargo por homicidio voluntario. me encontraron verdadero remordimiento por parte de Él. de acuerdo a esta decisiÓn el juicio podrÍa comenzar el aÑo prÓximo.desde oakland, marÍa antonieta mejÍa, noticias univisiÓn 14. palmira: ten en alerta local. en este momento los bomberos de san josÉ combaten un incendio de maleza que estÁ poniendo en amenaza a varias estructuras. el siniestrado iniciÓ en auto picados y los 80en direcciÓn al sur. seguiremos de cerca con el desarrollo de esta noticia. la policÍa de vallejo estÁ solicitando la ayuda del pÚblico para capturarun sospechoso de dos secuestros separados y de agredir sexualmente a dos mujeres. estÁn ofreciendo una recompensa de $5000 a quien ofrezca informaciÓn de su paradero. esta maÑana miles de automovilistas dieron una verdadera pesadilla de trÁficodebido a un accidente que involucrÓ a dos vehÍculos y aÚn agente de la patrulla de caminos. ramÓn tiene las imÁgenes de las partes involucradas mientras que se investiga, ocurriÓ este tremend

in exchange almena will receive a nine year jail sentence and harris six years. the mother of one of the victims spoke with us about her desire to see others held accountable. >> put through months of parents looking at burnt remains of their children and like it's not even worth it, but i'm taking it all on. i know if i take a deal, then it ends. >> that does not spare me at all. i have nightmares every night. i have a constant vision of that fire and of chelsea being trapped inside. i have not been spared from anything. in fact, i need to know the details. i need to know what really happened. i remember standing in front of the fire with my younger daughter sabrina and turning to her and saying, "i hope chelsea did something really stupid. i hope she drove off and went to a friend's house and went to sleep." chelsea didn't do something stupid. >> reporter: for colleen dolan it's been nearly two years of sorting things out, memories of chelsea who was killed in the ghost ship fire, what led to the deadly ghost ship tragedy and who in her mind needs to be held ac

max harris and derick almena faces 36 counts of manslaughter. the decision was announced yesterday after a two-day sentencing hearing that included emotional testimony from family members of some victims >> the superior court judge says he believed derick almena afflicted rounds of -- responsibility rather than expressing remorse. because it was a package deal, judge kramer had to reject the terms for both defendants. >> we will go to trial and show them we are not dismayed or overwhelmed. we're not angry or frustrated. >> the oakland warehouse was converted into an arts center with living quarters. electric wiring and emergency exits were not up to code. the rejected deal with sentence derick almena to nine years and harris to six. now it will go to case -- court next time some your. >>> the thousand acre nelson fire is 10% contained, it is burning and dry grassy hills at the start of the paradise valley area. at their end neighborhoods at fairfield and vacaville. strong winds help the flames spread quickly. and a local resident said they inche

they had said that the nine year jail sentence for derick almena was not enough .d to trial. the two defendants, max harris and derick almena back in court to face the judge. >>> we have david levine, law professor, with this this morning. i think we were shocked and everyone in court was taken aback. >> this never happens. the reason is that you do not do the plea deal between the defense and prosecutor unless you have indication from the judge that the range would be acceptable. generally this type of plea is pro forma. you will listen to the victims and there were a lot of them, heart wrenching to hear from so many. generally at the end of the day the judge would ask specific questions that have to be asked, and that is it before the judge will render the sentence. judge kramer said it was the statement that derick almena stand in earlier that made the judge think he was not taking responsibility sufficiently. this is very unusual. >> was it a done deal prior to the impact statement? >> according to the judge it sounded like he was leaning in favor of rejecting

derick almena spoke video hookup from santa rita jail. he told abc 7 news he was stunned when the judge dismissed a deal that would have resulted in a nine-year sentence for him. last friday judge james kraemer ordered them to stand trial saying almena didn't show remorse. almena says he has always been remorseful for the fire that took the lives 36 people, and says judge cramer took quotes from his written statement out of context. >> you know, if you take anything out of context, you can twist it around and make it about me. this statement was about everything. i've been remorseful from the moment this happened. >> almena also blasted city officials and he read from a statement which he says a judge prevented him from reading during friday's hearing. >> of course you heard from our honorable mayor libby schaaf, her lies about the city having no knowledge of the ghost ship and her continued lies about government agencies having entered the warehouse. >> al memena tells us he doesn' know what is next for him, but he feels the judge's deci

the judge said that derick almena did not seem remorseful about the fire.rney said that their office will not offer anymore plea deals. >>> later the family of nia wilson will hold a news conference about a lawsuit against bart. her sister was lass tacked and injured. but she -- was also attacked and injured. but she survived. the family said that her killing was foreseeable and preventable. >>> a colorado man will face murder charges after the police have identified and found the bodies of his pregnant wife and two young daughters. early why this week, he was seen on camera pleading for the safe return of his family who was reported missing on monday. friend and family said they were shocked when he was arrested for the crime. >> everybody is like, what about the husband? and i'm like, no. he would not do anything. and then i see him interviewed. i was like, something is not right. >> the prosecutors set they believe that all three victims were killed inside the home. their bodies were found on property owned by a man watts worked for. he is expected to be

back in july almena and harris both entered no contest please. one count for each victim who died. addressing the many relatives of the victims said they felt betrayed by the plea deal and said that justice had not been served. almena faced victims relatives as they spoke, but harris did not turn around in his seat. >> this sentence is unfair. it is on balance. it is negligent. it does not help the city or the state or the people of california or the city of oakland. >> reporter: karen freehold, and aunt of a victim, brought many of the courtroom to tears when she asked the defendants to close their eyes and imagine gregory just being out of reach. she asked them, can you hear her ? can you feel the english rico and you feel that pain? i don't know how you can look at yourselves. leslie moran, the mother of a victim, said he saw the girls faces/before him as he was choking on his last breath. -- almena is expected to be sentenced to nine years but will actually serve only three and half more years behind bars because of credit for time served and good behavior. harris is due to be

almena era la persona que rento la bodega convertida en residencia para artistas y harris le conectaba harris enfrentan cargos por homicidio involuntario. >> no es justo para las personas. estaban a cargo de ese edificio y era responsabilidad de ellos no tener un evento tan grande en las condiciones que estaba el edificio. ese edificio no estaba bueno para tener una fiesta. porque eso fue lo que pasÓ.en un incendio la gente no tenÍan por donde salir. no habÍa ruta de escape. y quedaron atrapados. >> el juez dijo que en una carta de mÁs de 20 páginas que escribÍ almena, no encontrÓ verdadero remordimiento por parte de Él. ya con esta decisiÓn el juicio podrÍa comenzar el prÓximo aÑo. desde la sala de redacciÓn, marÍa antonieta mejía, noticias univisiÓn 14. palmira:tenemos nuevos detalles del incendio de maleza en la avenida meridiana y la interestatal 280 san josÉ. sucediÓ pasadas las 4:00 p.m. para las 5:00 p.m. ya estaba totalmente contenida por los bomberos. las estructuras del roedor estÁn a salvo tambiÉn y mÚltiples calles cercanas fueron cerradas al trÁnsito por cauciÓn. la oficin

.>> ghost ship master tenant eric almena and mr. harris listened as they were blasted for their roles in the deadly fire. cameras were not allowed in court as cameras -- as the courtroom was packed for what the judge described as a four -- a heart wrenching hearing. back in july almena and harris entered no contest please to 36 -- pleas to 36 counts of involuntary manslaughter and many relatives said they felt betrayed by the plea deal and felt that justice had not been served. almena faced victim relatives as they spoke but harris did not turn around in his seat. >> this sentence is unfair, imbalanced and negligent -- it does not help the city or the state or the people of california or the city of oakland. >> reporter: many were brought to tears when she asked the defense to close your eyes and imagine gregory just being out of reach. she asked them, can you hear her? can you feel the anguish? can you feel that pain? i don't know how you can look at yourselves. leslie moran mother of twin daughters told the court i know he saw the

almena and harris pled no contest.cumulated time he served and harris mate spent 23 months in jail. we are expected to hear from both men today. the court will begin at 9:30 this morning. >> and lawyer representing the victims said they will get the adjusted they are seeking any civil lawsuit. >> memo -- the family members wanted the trial so they could have answers as to what happened and who did what. they are disappointed that there is no trial. in a civil suit, we are going to answer those questions for them. >> the focus of the civil case whether oakland and the warehouse owners were negligent for disregarding safety. mamie smacked many family members is angry that no one took responsibility. this woman is ashamed of the city. >>> it is 8:05. this is the fire that started burning and has grown. this is the largest wildfire in california history. cal fire announced 307,000 acres have burned and combined containment is currently 60%. it destroyed 119 homes. they do not expect full containment of that buyer until sep

almena and harris admitted to their involvement in the fire that killed 36 people. the judge's move followed a damaging letter written by almena, and two days of painful victim impact statements from family members. o'malley's letter is expected to be submitted in court tomorrow. it appears to echo the sentiment of those families. >> in a way that's what she's responding to. she's responding to the fact that so many of those people said, you know what, a deal is just not going to give us the information that we need, the closure that we need. >> reporter: now the defense may try for a change of venue, fearing they can't get a fair trial in alameda county. in this exclusive interview earlier this week, almena tells abc 7 news why. >> ai've admitted no contest, n guilt. how am i going to find a jury that hasn't heard me say, okay, i'm guilty, i'm guilty for allowing this to happen, i'm guilty -- >> reporter: max harris released this statement, quote, we welcome a trial. we are going to show the public and the jury all the institutional incompetent they can stomach, in

almena turned the warehouse into an illegal artist live/work space. there's a motion to have the client's case separated from almena believing that the statements to the press are hurtful to the client and almena plans to file for a change of venue. almena pled no contest trying to accept that plea. >> i'm a trial lawyer. i want to go to trial. you know? i'm not happy to go to trial after all of the bad publicity. >> it was difficult to advise him to take that plea bargain. >> reporter: did they cut my bite? the judge is expected to set a trial date on september 7th. trial expected to start january or february of next year. both defendants were in court today and never publicly addressed the judge. interestingly, a defense attorney expressed optimism that this case could still be settled with a plea bargain depending on who the judge is assigned to their trial. reporting live in oakland, bob redell, nbc bay area news. >>> well, turning to the microclimate weather forecast, really going to heat up. kari hall, you have been telling us about this. i can

this morning almena told the victims' families about the ghost ship warehouse. "it was never my intention to benefit financially. i am guilty. i am guilty for believing it's safe." >> not at all. >> reporter: not at all. >> no. he has never been remorseful at all. >> reporter: almena's attorney said his client is sincere and has suffered tremendously. >> he's gained 60 pounds. he's been on suicide watch. >> reporter: the rejected deal would have sentenced almena to nine years, harris six years, but now the trial will likely start sometime next year. in oakland, i'm da lin, kpix5. the 36 counts of involuntary manslaught >> both defendants will stay in county jail and their no contest pleas for the 36 counts of involuntary manslaughter will be removed ahead of trial. >>> in oakland a pickup truck runs off the road hitting a mother and her young child and trapping them underneath just after 11:00 this morning outside of oakland charter academy middle school. police say the mother and son were walking on the sidewalk when the truck pulling a trailer jumped the curb

(pkg)sot serra/derick almena's attorney: "jury trial, maybe in another county, next year. that's the bottom line">those are the options now on the table in the people versus derick almena and max harris at the alameda superior court house in oakland. the two defendants are allegedly responsible for the lives of 36-people who died in a fire while attending an music event at the ghost ship back in 2016. last week judge james kramer rejected the packaged plea deal for the two men negotiated by the d.a.'s office and the defense attorneys. almena's legal counsel tony serra explains why he is aiming to take adavantage of the opportunity to defend his client in front of a jurysotsot due to the complicated nature of the case judge kra