>> reporter: the question has always been, almena signed the lease. almena went into it knowing that he was leasing a warehouse but he was turning it into living quarters and a concert venue and an art gallery, whereas harris was always portrayed by his attorneys as basically a homeless guy who ended up in the bay area, found a place to live surrounded by art and that he basically just started helping almena out and i think the jury must have felt some sympathy or some empathy for him in the position he was in and that he wasn't ever officially hired or even given the title of creative director, even though the prosecution tried to nail on him that title. it never really stuck. i think for the families, they've been feeling ambivalent about it the whole time, certainly emotional about it the whole time, but they, like curtis briggs, the attorney for max harris just told us, he thinks they'll never find peace. this is going to be a difficult moment. >> reporter: well, and it's not over yet. as we've heard, i think now we're going to have to wait for th

almena was sort of on the hook more. he signed the lease and so at this point, almena, from what i understand is going to remain in custody. harris is getting out. likely today. first thing his attorney said is he wants a vegan meal and to move on from this. there's a lot of hurt they said n,dy is shifting blame to the city of oakland. >> thank you, leslie. there's a hearing september for october 4th on derick almena, as leslie said. max harris was ordered released by the court. it's not that quick when you're talking about the bureaucratic system. he has to be transported back to santa rita in dublin and processed out from there. we understand probably sometime this afternoon or later this evening. that's it from the courthouse in oakland. back to you guys. >> laura, i want to follow-up on the october 4th hearing date that has come up and attorney ryan getz mentioned. do we know for sure that the prosecution, given the fact that they were almost winning the case against almena, by a 10-2 juror count, that they're going

derick almena will remain in custody for now. both have been in custody since their arrest. >>> the first push alert went out about the verdict coming in at noon. we continued to send more alerts as more information came out. you can download the an so you're the first to know when major news breaks. >>> coming up next, new clues from the dive boat fire. a crew member who survived talks about what he saw when he tried to go into the galley. >>> the people who deliver food for companies like door dash held rallies today. what they're demanding. >>> i'm meteorologist >>> if you are just joining us, a verdict finally in the ghost ship fire trial. >> a jury found max harris not guilty on all 36 counts of involuntary manslaughter. the panel failed to reach a verdict on the same charges against master ghost ship warehouse -- master tenant derriick almena. deadlocking 10-2 in favor of guilt. the judge declared a mistrial. >>> attorney david lim is live with a closer look at what happened today. david, thanks for coming on. first of all,

the big question now, what happens to derick almena? the da is still mulling over its options, one of which is of course to retry him, especially after they've learned that the jury was favoring guilt. just a few moments ago we talked to the chief assistant district attorney of alameda county and this is what he had to say. >> since the beginning of this case, our hearts have been with the families of the 36 victims that died in this unspeakable tragedy. that still remains our focus. and that will be our focus going forward. as we go forward, and we understand that the jury had a split verdict or a hung jury against mr. almena, we are going to evaluate the facts and the evidence that came out from this case. we are going to take into account discussions that any jurors may have had with our trial lawyers and we will evaluate that and go forward.>> those trial lawyers, i do under chance to talk to the jurors, seven women and five men. and of course the das team also got a chance to talk to the victims families. so the sentiments of both

derick almena was looking down, which he did for most of the trial. as far as the family members, they were clearly upset. they were dabbing at their eyes with tissues. again, just stunned silence as those not of the verdict's continue to be read. >> joining us now is our legal analyst michael cardoza. you thought this would go this way. >> i did, a number of weeks ago i said on the 4:00 news, and again, after doing this for as long as i have, i know we can do nothing but guess. but i thought they were going to find harris not guilty, and almena guilty. i guess we came close. the big question now is will they retry it? >> the king of that, i was sending to you talk, and you were saying there is the possibility that the prosecution and almena's attorneys can get together and reach a plea bargain so they don't have to go through a whole new trial. >> i think that would be smart on both sides. remember you had a plea bargain reached before. where the judge brought them in, and they reached a negotiated disposition where both men would spend time in the t

derick almena appeared sad. codefendant max harris was aftehis attorneys patted him on the back he had to comfort his attorney who started crying. >>> this isn't a time to celebrate for max harris. because this community is sick. this community is sick because the leadership is sick. we need reform. >>> the defense continues to blame the city and the warehouse landlord. saying those people are responsible for the 36 deaths. not harris or derick almena. the prosecution is noncommittal about a retrial. >>> we will take into account discussions that any jurors might have had with our trial lawyers. and we will evaluate that and go forward.>> reporter: derick almena will be back in court october 4. prosecution will have the final decision by then. there are several cases against the city of oakland. against pg&e and the warehouse landlord. those cases are from the victims families. experts are saying that this outcome is actually good for the civil cases. as you know derick almena and harris do not have a lot of mon

derick almena appeared sad. he will remain locked up as prosecutors decide what to do after the hung jury. codefendant max harris was happy. the jury found him not guilty. after his attorneys patted him on the back he had to comfort his attorney who started crying. he tried to stop me from crying. >>> he was emotional. we were all emotional.>> reporter: the prosecutor say they respect the jury's decision on max harris. they are noncommittal about a retrial for derick almena. out of the 12 jurors 10 found him guilty. 2 found him not guilty. >>> we are going to take into account discussions that any jurors might have had with our trial lawyers. and we will evaluate that and go forward.>> reporter: derick almena's defense attorney said he and derick almena will not take a plea deal. he is ready for a retrial. >>> i'm anguish. i'm frustrated. but we will win next time.>> reporter: october 4 is when derick almena will be back in court . that is when the prosecutors will have to make a decision. will they seek a retri

the jury deadlocked on the same charges against derick almena.ave not determined whether they will now seek a retrial for almena. >> federal investigators have uncovered a $115 million to care scheme that they say involves bay area healthcare professionals. doctors and nurses are accused of referring patients to to local healthcare corporations in exchange for money, designer handbags, even tickets to warriors games. if convicted, the defendants face a maximum sentence of 10 years in prison. to make a separate cisco sheriff's deputy shot and killed an aggressive dog today while trying to serve an arrest warrant. it happened late this morning near polk and broadway. the suspect was also injured but no deputies were hurt. >>> you are watching ktvu fox 2 news at 6:30, there is news tonight about an alleged cheating scandal in the oakland unified school district, and it involves teachers, not students. >> educators at castle mont high school are accused of manipulative greats of failing students would pass. rob roth tonight lets us know how the schoo

if it was just derick almena on trout they will have to convince 12 jurors that derick almena was wrong and we just don't think they can do that under these facts. the owners are in the prosecution, firefighters, fire marshals, city officials have not taken any responsibilities. >>> is hard to say the removal of the three jurors, do you think it benefited max? >> i think ultimately it must have. >> they retained nine or 10? >> what were you thinking? >> i think one of the jurors that were removed was probably leaning towards guilt guilty verdict. i think two of them were leaning towards not guilty. i think the one that we felt was leaning towards guilt he had a very strong voice. in the deliberation room. not sure about the other two and how strong their voice was but i think it was ultimately a good thing for us to have the alternative. >> you didn't put max harris on the stand. why? i'm sorry. you did. do you expect him to go back into the fold of oakland? >> we don't know. part of the reason we interfaced with the public and the media is we got a lot of support. worldwide for max. we

ahora habrÁ que esperar para saber cuÁlserá el futuro de almena.aso criminal que aÚn sigue abierto para eric almena los familiares de las vÍctimas presentaron una demanda civil por el incendio cuyo juicio podrÍa comenzar en mayo del 2020 en contra de los dueÑos del edificio de la ciudad de oakland y tambiÉn la compaÑÍa pgni. se obligÓ al nuevo panel a comenzar la liberaciones desde cero. el abogado de eric almena dijo que una mujer miembro del panel le pidiÓ consejos a un bombero que conocÍa y ella compartiÓ la informaciÓn con ella. nuestros pensamientos estÁn con las familias y amigos de las vÍctimas. le informamos sobre el veredicto a travÉs de una alerta. aquÍ puede encontrar toda la informaciÓn reciente de este caso. un hombre de 57 aÑo fue captado en cÁmara robándole a una mujer a plena luz del dÍa. marvin williams le quitÓ el bolso mientras ella y su niÑo caminaban en un estacionamiento. el hombre fue arrestado por robo y uso fraudulento de una tarjeta de crÉdito. patricia de abreu, la mujer que ve en pantalla fue arrestada por vÍnculo con do

almena would receive nine years in prison and harris six years.mbers were so upset that the plea deal wasn't tough enough. august 10th, the judge threw out the deal, saying almena, and harris did not accept full responsibility and show remorse. july 31st, 2019, of this year, the jury began deliberating. today the jury finally decided it could not agree on a verdict for almena, as you heard, and let max harris go free. you can find more coverage on the ghost ship trial on our web site, it couincludes interviews with the families of the victims after the verdict was reached and a more detailed time line of the case is also there at nbcbayarea.com. >>> our other headlines, cash for patients, that's what federal prosecutors are calling an $8 million health care kick back scheme. the u.s. attorney announced criminal charges against 28 people. 13 of them are doctors. investigators say the hayward based amity home health care and advent care gave doctors millions of dollars in cash in exchange for medicare referrals. >> our health care system depends on

almena won partial victory. that puts him in a position where he can expect some sort of mercy from the district attorney. the district attorney can justify a plea bargain. because there is some bad news and what happened today for them. it is a question as to whether or not he would accept it and whether it would be offered. these families need closure. we see the faces. we hear the voices. we know the pain there are in. bringing closure to this event would be something so valuable for the community. i have to think offering a plea bargain would be a smart thing to do. >>> a lot of hurting people. more on what happens next for defendant derick almena. you can also find more reaction to the verdict and our extended interview kpix.com. >>> a journey for a north bay scientist. she is sharing what it was like to flight right into the eye of hurricane dorian. she did it in the name of science. what she learned from this close encounter. >> reporter: and is building in downtown santa rosa scientists are collecting wh

now, here's almena's other attorney. hear what he has to say. >> well, he's happy to be unconvicted he's very unhappy when he thinks about what happened. and the fact that that can never be repaired. >> reporter: so, again, vague. but we know with certainty what the prosecution will do next, and that is they told us today at the very brief press conference that they will evaluate the informaion, the case. they will evaluate, go through the evidence to see if they should retry this, or if they offer a plea deal. we don't know. but that's what they're going to take into account before they move forward. i'm live in oakland, lyanne melendez, abc7 news. >> all right, lyanne, thank you. and just hours ago we received a statement from oakland mayor b libby schaaf on the trial. our thoughts are with the friends and family of the victims. i am grateful for the professionalism and integrity from all city employees who participated in the trial. we send warmth and comfort to everyone in the community who was devastated by this tra

. >> a different outcome for almena, he was not present on the night of the fire. 10 jurors vote for acquittal. the court hat scheduled a hearing to decide how to proceed. >> henry lee has been covering the trial. what it like. many family members of the victims were in stunned silence. there were gasps when the judge declared a mistrial for almena. >> jurors were deadlocked on his face with 10 favor oring guilt. >> we've talked for a half hour, he's less distressed than i and we look forward to the next trial. >> of all 36 counts of involuntary manslaughter. >> this isn't a time to talk about the cent client spent in jail. this is the time to thank the community. >> the decision came after months of testimony. three women were batted from the jury for misconduct. the judge thanks them for their verdicts. an attorney for almena spoke to his cline. >> the fact that he was involved in it. 36 families were shattered, the fact there was the most unspeakable of life and so, while he's happy in a to be unconvicted he's very unhappy when he thinks about what happened. >> the d.a. must decid

master tenant derick almena is said to be back in court october 4 for a new trial. one of his attorneys also emotional, describing almena's reaction to the verdict. >> there was the most unspeakable loss of life, and so while he's happy in a sense to be un-convicted, he is very unhappy. >> reporter: we did speak to one woman who's a friend of the ghost ship victim jennifer mendiola. she says she's always believed in max harris's innocence and was relieved to see him walk free. the friends and family members we spoke to said they will be prepared for the possibility of a new trial, but it's starting to feel like it will never end. in oakland, christin ayers, kpix 5. >>> also tonight, we are learning why three of the jurors were removed from the case last month. today, defense attorney tony serra said that one of them spoke to a fire fighter, who is not a witness in the case, and then shared what she learned with the two other jurors. you can find more reaction to the verdict and our extended interviews on kpix.com. >>> tonight, the owner of the dive boat that burns,

that's all i can say. >> reporter: almena and his attorneys will be back in court october 4th. his lead attorney said there's no way his client would take a redeal if retried. in oakland, abc7 news. >>> tonight max hair visrris ise man. the 26-year-old was released from jail hours ago. we have amanda de castillo there. >> reporter: derick almena remains here at santa rita jail but max harris' release happened around 6:00 tonight. at the jail thursday there was no long walk from the door to the a waiting car for max harris. the man who faced 39 years in prison left privately and as a free man. >> healing, that's all i can predict. some real food. the comfort and support of his friends. >> reporter: friend and long-time supporter danielle silva said she always knew harris was innocent. he acted as the creative director of the ghost ship. he was charged with felony involuntarily manslaughter following the deadly fire. on thursday after a month-long trial he was acquitted on all 36 counts, one for each person killed. >> max is incredibly sxoorry an sad for them. he expresses his ee

the hung jury almena may face another trial but there's no offer short of release from jail for time served. >> we want another trial when we go in october 4 we'll ask for a trial date. we'll have a better shot the next time. we won't be handicapped by a codefendant that was innocent. >> a retrial could backfire for the prosecution. the jurors won't have a good guy and i bad guy. max harit's was acquitted. >> take harris out of the equation and there's less of a chance of success. >> harris is enjoying his first full day of freedom. >> it's a change of worlds for him. from a cell to loving arms of people giving him smiles and being able to talk. >> almena is still in jail. >> it's a mistake to retry the case. it's throwing good money after bad,is not the right answer. >> the attention turns to civil lawsuits. that trial is set for next year. an attorney is moving forward to prove neglect. >> we don't feel it hurt our case. >> people will say it's time for retribution, let's go after the people responsibility. >> if the d.a. retries to case, michael cardoza has a suggestion. >> i star

and when the judge talk to the jury foreperson about the hung jury for the derick almena family were also overwhelmed even more so when the judge said at this point if you are deadlocked and i will declare a mistrial and the families of course works just exacerbated their emotions were allowed in the courtroom. >>in and they did come outside here outside the court. how side they've spoken to us throughout this entire trial and a number of them. took a little bit more time to come out today, some of them spoke up many of them just on able to just to upset a lot of them shot to hear what the white house. >>but today because this was clearly not the outcome they wanted they seeking justice in the form of both of these defendants being found guilty for the murder of their loved ones not the case. there there may be another opportunity if the da decides to move forward with retrying the case against derek a minute, but that remains to be seen. >>it will be back here in next month october 4th for a possible new trial date. his attorney says that new trial maybe and marches. if there is a t

well it has been quite the process here a long process for everybody involved derick almena and max harris said defense attorneys prosecutors us reporters out here. but especially those family members of the 36 today. they were shocked and happy to hear that they did not receive the justice that they wanted to get today. >>old trial so. >>and we also heard from the defense attorneys from derek alumn and they say that derek is on happy today, but they do say that there is another trial that deal with it. >>they and i want to mention the prospect that it would have. but mark by 2, not by 2. you that just the why you know the whole of the from my the reasonable doubt. >>i'm painting i'm and moist. frustrated, but god dammit we will win next time. >>in defense attorneys for max harris also spoke to us they said the biggest tragedy out of all of this is that city officials i did not tell the truth on that witness stand they also say that none of us would be he today if there wasn't such a huge housing crisis in oakland they say max here's today is very emotional and i wanted to let us know that

big news, the jury is hung over derick almena.but the jury has found the ghost ship creative director not guilty. almena and harris were charged with 36 counts of involuntary manslaughter, one for each victim who died in the fire. they each faced up to 39 y to 3y in prison. >>let get to laura anthony who has been following the trial from the start. laura? >> reporter: larry, for all the waiting the past several weeks for a verdict, the result came in a matter of minutes, somewhat suddenly this afternoon. this morning it seemed like the jury would deliberate perhaps into next week. but then a few minutes before noon, we heard that a verdict had been reached at 2:00. we all filed into the courtroom. there was a mixup with paperwork from the jury. there was about a 20-minute delay. then when the jurors came back, the clerk of the court began to read the verdicts. 36 counts, one by one. max harris was read first. not guilty on all 36 counts and then we heard that the jury was deadlocked, 10-2 in favor of guilt for derick almena. right

the jury leaned toward convicting almena but in the end it deadlocked 10-2 in favor of guilty. thealameda county district attorney's office says it will evaluate whether to begin a second trial. this is the possibility of a mae deal for him. here is reaction from attorneys for the two defendants gym a pained, i'm anguished. i'm trust raid but we will win next time. >> i was always under the belief that max harris was innocent anti-did what i had to do to get him home. our hearts are with those families and everybody who has been victimized by the tragedy. >> after yes' court proceeding, attorney for harris shifted the blame to the city of oakland and its fire department. curtis brig said not enforcing veilations in the warehouse contributed to the fire. >> i lost my son and this is what happens. you am not happy about this. >> absolutely. i'm disappointed there is a pan walking out there that should be in jail right now. he was willing to take a plea deal for six years, okay? you tell me that is a not guilty person. come on. >> some victims' relatives said they simply wanted so

it's super stressful and recall all boast derick almena and harris were in custody. this entire time pre trial. i mean the firm first time the court set bail. they're each ad bales of an million dollars the alameda county bail schedules. $30,000 account 36 counts times 30 then somebody reduced it to 750,000 nobody can make that kind of bail these guys are. you know al man will stay in custody and and harris, you know will get out tonight and bows our is scarred in many ways is the victim's family because they also law friends and this and they feel terrible. >>the legal process is not over with this verdict so max harris walks away from the criminal side of this trial but we're looking at a civil trial ahead and the possibility of all men are going through another criminal trial, correct. >>really interesting point because in man is criminal trial. terrorists could be called as a witness for. and not be stressed out about being still a defendant's right to a cause. he is free he is not guilty is at an advantage for one side or the other. >>then it's for the defense.

whats next for derick almena from a legal standpoint ?:there is a difference between an acquittal and a hung jury and acquittal is the end of the line. of the jury acquits someone, and the jury is a black box, we don't know why they decided what theydecided, the prosecutn cannot appeal that. however, when we have a hung jury, that means the jury was unable to reach a decision. in this case, 10 jurors were leaning toward nvicting, two are leaning toward acquitting, and theycould not reach a verdict. in that case, it ssis dis, without prejudice. that means, the prosecution can retry the person. the bigger question is, e shoul prosecution retry the person? is it worthwhile? is it a good idea? is it the right thing o.to that will have to be decided within the das office. there will be wia hearing all parties to determine how to proceed. >> is there possibility of a we reached one last year mistrial and it was run out. but they reach another one for derick almena? >> absolutely. this is the possibility. the prosecutor foresees a situation wher

as a juror is made their way in the 2 co-defendants, max harris derick almena. stone-faced if you will very straight face that fact, max here is that very nervous as the jurors walked in which is a different look for him because throughout the trial heat try to make eye contact with the friendly's face with each individual juror as they walked into the room but not today perhaps sensing that today was going to be a big day for him. >>in curtis briggs tyler smith, both of his attorneys said that they were crying and max harris is actually one telling them to stop crying so a lot of emotions. they're in as far as derick almena head down you're unable to see him to date. >>command both of of the co-defendants were dressed in civilian clothing dark a suit jackets in and shirts and ties and erica man in the blue. turtlenecks let his facial expressions of pretty blank throughout the trial heat rarely showed any emotion unless he was interacting with one of his attorneys but today, no of facial expressions, one way or another from al manar but the the biggest a form of

the deadlock was deciding the fate on derick almena and deadlock.hether to seek a second trial for him . >>> the city has agreed to pay union dollars to the family of stephon clark , the money will go to his family. police shot and killed while responding to reports someone breaking into cars . please that he was armed with a gun but turned out only to be a cell phone . >>> forced evacuation, started yesterday afternoon city of red loss at the redbank oaks subdivision. containment at zero percent. >>> propose changes to shopping center south shore center would like to replace some of the stores with as many as 1200 new residential units. the developer showed off their plans to the community last night. businesses, phase 1 of the project would have 350 residential, 550 parking spaces and new retail stores. that developer, jamestown says it has lost many retail tenants as more brick-and-mortar stores go out of business. >> disturbing view of the future. i see it in other cities. the need for this higher and t. >> west to be looking at new ways to live

no obstante no se pudo poner de acuerdo sobre almena.cÁrcel. obviamente puede ir a juicio. y si va a juicio yo pienso que tiene la ventaja porque ya vieron los testigos y la evidencia. >> familiares hoy. >> estoy enojada, furiosa. mi hijo y su novia murieron y fue en vano. he estado aquÍ casi todos los dÍas por casi cinco meses para que jurado salga con esto. ramÓn: recuerde que nuestra aplicaciÓnencontrarÁ todos los detalles del juicio del incendio mÁs mortÍfero en la historia de la ciudad de oakland. los cinco tripulantes que solÍ bien el incendio de un barcode buceo en california dicen que intentaron salvar al resto de los pasajeros que iban en la embarcaciÓn pero que las llamas prÁcticamente lo impidieron. el propietario del banco-- barco se apresura pedirlo juez limitar los pagos de compensaciÓn a los familiares de las 34 vÍctimas que murieron en este incidente. jaime nos amplÍa. jaime: de jefe de aguas y le santa bÁrbararevelÓ que tiene identificados los restos de 18 de las 34 vÍctimas del incendio del barco. yo nombre y edad de la

acquitted max harris but deadlocked on daryl almena. >> to me that is guilt. that's putting other people in harm's way. >> in the end 10 jurors thought almena was guilty of manslaughter. almena remains in jail. >> 36 lives are lost, somebody has to take responsibility. >> theory has been and will be watching closely what happens next and says she hopes a retrial brings about a guilty verdict for almena,. >>> time is 4:10, salvage teams raising the boat that caught fire in the channel islands, highlighted by federal investigators who say they may have cost the 34 people their lives. >>> plus no more late night visits to a popular tourist spot, imposing a curfew at main beach. >>> good morning, we do have traffic that is mostly good except for one spot in the south bay where we have a freeway closure, we'll update that and the rest of this morning's commute coming up. >>> toasty yesterday, no records set, but warm and that includes the coast and the bay and it looks warmer today. changes for the weekend. we'll have that coming up. come try my really big chicken

almena will be back in court next month to see if he will be retried. in oakland henry lee, ktvu fox 2 news. >> henry lee has been reporting from the courtroom since the very first day of the trial. you can see all of his reports online at ktvu.com . you can also find more interviews with the attorneys in the case.>>> right now 10 minutes after 4:00. a successfulweekend for bay area nfl teams. and what coach jon after the wi madonna making her way through san francisco for a series of smaller, intimate shows. we will let you know when and where e material girl. >>> good morning, right now you can see traffic is off to a good start if you are driving on the macarthur maze. close to the morning commute. we will tell you more about this coming up. outside our door this morning partly cloudy skies and temperatures feeling quite nice . another pleasant day in store as we look towards the days ahead. a big warm-up coming our way. i have details in the extended forecast coming up. >>> welcome back to mornings on 2. the raiders beat the denver broncos on the gr

the jury was unable to reach a verdict for derick almena's case.a possibility for a retrial. >>> the chase center will host the metallica concert tonight, the first concert there. you're urged to take public transportation. the big show starts at 8:00 p.m. >>> hurricane dorian made landfall in north carolina. the category one storm is causing flooding and storm surge concerns. >>> back at home, we've got faster sunshine and warmer temperatures today, but a touch of fall in the forecast tomorrow. >>> number five, thank goodness it's friday. traffic has recovered on interstate 80 following a fatal accident westbound at powell. but there's still delays through berkeley. >>> number six, here is a live look at sfo this morning. one of the airport's busiest runways is closing tomorrow for 20 days. it's expected to cause major delays and even cancellations there. the crews are upgrading the old runway and repairing the concrete base. >>> number seven, could the next american idol be from the bay area. here is a live look from the mchenry center. singers a

derick almena appeared sad. while the codefendant max harris was so happy the jury found him not guilty on all 36 counts of involuntary manslaughter. his attorney patted him on the back. at one point harris had to comfort his attorney as the attorney started crying. >>> this isn't a time to celebrate for max harris. because this community is sick. this committee is sick because the leadership is sick. we need reform. about the defense continues to blame the city and the warehouse landlord saying those people are responsible not harris or derick almena. the prosecution is noncommittal about a retrial.>>> we are going to evaluate the facts and the evidence that came out from the case. we are going to take into account discussions that any jurors might have had with our trial lawyers. we will evaluate that and go forward.>> reporter: the next court hearing is on october 4. that is when the prosecution has to come up with some kind of answer. do they want to retry derick almena? we will get a better answer by next m

there is a civil case almena and harris. the fire was electrical. we can expect a decision if almena could be retry ordinary a plea deal. in any case, max harris could be called to testify as a witness. of course, this case has been making headlines all along the way. another great resource, our website. head to nbcbayarea.com for more content including a detailed timeline. >>> continued coverage of the southern california boat fire tragedy. last night mourners gathered there at the santa bar bbara ar. this is where the conception boat once docked to remember 34 lives lost. meanwhile, the investigation is ramping up. agents are talking to crew members who survived, and this morning we're learning that the boats' owners are filing a lawsuit. that suit is meant to shield the owners from lawsuits filed by family's victims. other victims' families i should say and the suit sites the 19th century marry -- maritime law considering searchers are still looking for one victim. for possible cause, investigators are looking into the boat's wiring with the poss

well now decide what happens next for derick almena. >>we're going to evaluate. in the evidence that came out from this case. we're going to take into account. discussions that jurors may have had with are trial lawyers. and we will evaluate and go forward. >>so what's next well, max harris, he was a lead out of the santa rita jail just a few apps as for derick almena he'll continue to sit in his jail cell there. at santa rita jail until his next court date october force live in oakland tonight michelle kingston kron 4 news. thank you michelle. >>and now that max harris has been acquitted as michelle mentioned he has been released from jail kron four's gayle ong is live outside the santa rita jail in dublin with more gayle. >>panamax harris was officially released just after 6 o'clock this evening that was coming from a tweet from alameda county sheriff's office were here at santa rita jail where we were camping out here we were told initially that max harris may not go through the front door and that is because of the high-profile case so he did indeed bypass me

he said because almena faced a 10-2 guilty vote,trial. >>> now to developing news.ire kbubur in tehama is only 7% contained. the red bank fire is the largest in the state. it's burning a remote area, but cal fire says mandatory evacuations are in place and structures are threatened. >>> neighbors in one south bay community are sounding the alarm tonight. they say navigation apps that convert -- or divert traffic onto surface streets could block escape routes during a disaster. >> one group in los gatos is taking steps to make sure that doesn't happen. amanda del castillo has our story tonight. >> reporter: neighbors say t seemingly peaceful streets in los gatos hills turn to gridlock. jeffrey siegel shared this video showing heavy traffic. he blames waze. >> their one and only escape route is this road, and so it doesn't take much to bring that to a halt. >> reporter: alison lives along the marked wildfire escape route. she says fast-moving fire and slow-moving traffic could have devastating, even deadly consequences. >> i get stuck in our house because the cars cut

but they reach another one for derick almena? >> absolutely. this is the possibility. if the prosecutor foreseesata sin where they will encounter many hurdles in the trial, we know that the jury willateventually decide the cases are homogenized. the jurors were bumped off and replaced with alternates. there ngre many surpri things and twists in the jury plot in this case. the prosecutor may not want to take that risk or could offer derick almenaa plea deal. this is a sure thing. this is a lesser penalty. just take this. there is no trial. is less risky for derick almena, and he may not decide to take the thal. inspecte dropped the ball? did the distct attorney lose this case? >> without knowing what happened in the jury room, it estion. sible to answer this what is special about juries, asposed to the legal system where there are professional judges, juries don't to lane why they did what they did. we will never really know wh happened that room. even if we hear from a juror or two, what happened, we will never hear the story from the perspective of all 15 people invol

i think that they walk harris because he is the -- he is almena school for.ave a lot to do about it. he didn't lie how many -- remember. the call back. the reread, the fire captain. in that testimony, it said -- he said, yeah, he lied to me.>> why are they so -bent . who knows?>>> they have set up other trials in this case. how does this set up the scene for culpability for the disability, and many others? >> i think that civil attorney is sitting back and saying "i would've like -- like to see them convicted, but this will help me in my civil case. the merriment to come in to sit on trials, they are going to know what happened, and they will say, all right, it is time for retribution. so now let's hold the city accountable. >> because someone or something has to be responsible. >> we are a society that has to blame people. is no one responsible? is somebody responsible? i don't know. maybe it is just a straight up accident in a sense. with the real trouble miss you put people into a building that should not of been in a building, then you loaded it. anybody

it's just frustrating. >> derick almena is still in custody.e back in court on october 4th for a possible retrial. >>> we have complete coverage of the ghost ship trial verdict on our website, abc7news.com. it includes extended interviews with the attorneys, families and friends. >>> the scuba diving community is sharing their grief for the 34 lives lost when a fire broke out aboard a diving vote. last night divers, friends and total strangers walked together in santa monica. all but one of the victims has been recovered from the wreckage. the body of the final victim is still missing. >>> a proposal to charge san francisco tourists driving down the crooked part of lombard street has reached the governor's desk. governor newsom has until mid october to sign the bill. it would allow a pilot program to impose a fee and create a reservation system. the bill passed the state assembly yesterday. more than 2 million people visit the cooked part of lombard every year. >>> starbucks ceo howard schultz will not be running for president after all. the an

>>> because of a hung jury derick almena my face another trial but i could backfire for the prosecution.>> they're not going to have a good guy and a bad guy.>> reporter: max harris was a bit of manslaughter.>> i think you're looking at less of a chance of success and more.>> reporter: harris is now enjoying his first full day of freedom.>> it's a compute complete change of roles for him. going to these loving arms and people giving him smiles and being able to talk with whoever he wants to talk with.>> reporter: a new trial will be costly, financially and emotionally.>> it's a mistake for them to retry this case. it's throwing good money after bad it is not going to make anything better.>> the attention now turns to city lawsuits, that's why it was set for next year. mary alexander says she is still moving forward to prove negligence. >> some people would say in time for retribution. let's go after the people that are partially responsible.>> reporter: if the da would retry the case this legal analyst have a suggestion. >> i would put a couple integers here and start talking to the jur

the future remains uncertain for almena. er a decision is expected next month. also the families othe victims are moving forward with a civil suit against the city of oaklan oakland, the owners oof the ghost ship warehouse. >> we begin with hot they saw is skruss denied. some families wepped in court today. >> reporter: a very emogzal day at the court house in oakland. a five-month trial is over and the verdict leaving family members and friends in disbelief. >> we were hoping for justice. we didn't get justice today. fa leaving the alameda county court house disappointed. am>>the jurors. had a tough job. >> reporter: family members had little words to express their feelings. >> i don't have anything to say to you right now. >> i'm shocked and saddened by it. >> we're still kind of in shock to pea hawns. honest. nothingee can do. >> reporter: duty and bryan huff's son died in the ghost ship fire. he was 36 hwhen he bebecame trapped by the fire. >> we're deeply, deeply disappointed and hope justice will somehow be served. >> i was hoping that none othis ever happ

the jury could not reach a unanimous decision between master tenant derick almena.en thought he was guilty but two did not. the case is not over for him or max harris, according to our legal analyst and an attorney for some of the victim's families. >> no matter what happens in this criminal trial, this is not over. there's a civil trial pending in which all of the people who are said to be responsible for this horrible tragedy are going to be in the same courtroom. >> the city knew, the police knew, firemen knew that this place had people living in it, that they were using it like a cabaret, that there were events that were happeningnd they analyst sa case against almena and harris is pending. some families are owners and ev pg&e said the fire was deemed to be an electrical fire. we expect a decision next month whether derick almena will be retried on criminal charges or perhaps a plea deal in the case. in any of the cases, max harris could be called to testify to change the dynamics of the whole case. >> very interesting. >> it's tough for the families, either way

the jury could not reach a unanimous decision against derick almena. he was guilty and two did not. the case is not over for him ha. >> no matter what happens in this criminal trial, this is not over. there's a civil trial pending in which all of the people who are said to be responsible for this horrible tragedy are going to s. >> the city knew, the police knew, firemen knew that this place had people living in it, they were using it like a cabaret. there were events happening and they failed to stop it. >> here's what's next in the ghost ship trial. as you heard our legal analyst say the civil case against almena and harris is pending and some families are pursuing a civil case against the city of oakland, the warehouse owners and pg&e, since the fire was deemed by the fire marshal to be an electrical fire. we expect a decision whether derick almena will be retried or there will be a plea deal in this criminal case but in any case, any one of the different scenarios, max harris could be called to testify now that he has been acquitted. he's just a wi

i will join the other 11, and so max harris got off. >> as for almena, the jurors had two arguments,egal and one moral, implicating the warehouse's landlord. >> ten of us felt that he was guilty based basically on the fact that he violated the lease. they argued that engs en engs is collected and the rent and the utility bills and they knew it was all illegal, but by going along with it, these people felt that gave almena tacit agreement that what he was doing was okay. >> billings says after the verdict was announced, prosecutors asked the jurors about the strength of their case. he said because almena faced a 10-2 guilty vote, it will be interesting to see if the county will bring him back to trial. >>> now to developing news. a lightning-sparked fire kbuburd in tehama is only 7% contained. the red bank fire is the largest in the state. it's burning a remote area, but cal fire says mandatory evacuations are in place and structures are threatened. >>> neighbors in one south bay community are sounding the alarm tonight. they say navigation apps that convert -- or divert traffic onto

two days after the inferno, harris who co-ran the building with almena described how quickly the firead. >> the ceiling was on fire and the flames were rolling in a sheet toward the door and then the power cuts out and it became completely black, and there's smoke everywhere and people are screaming fire, fire. >> a hearing is set for october to determine if almena will be retried. >>> and "the hill" reports two sisters become generals in the army. sisters become generals in the army. they both achieved the accomplishment in their separate fields. the army first allowed women into the ranks in 1901. today women account for more than 16% of the military's 1.3 million strong active-duty force. both sisters said when they enlisted, they didn't plan to make the army their career. >>> still ahead, a social network plays cupid. facebook launches a new dating service to help you find potential love interests. s a new dating service to help you find potential love interests. t look? that life of the party look. walk it off look. one more mile look. reply all look. own your look with fewer lin

ghost ship trial acquitted "max harris" of all charges...but couldn't reach a verdit for "derick almena and now the judge who presided over the case is speaking out. kron 4's "haaziq ma-yoon sat down with one-on-one with the honorable átrina thompsoná to get her take on the case. it is a story you will only see here...on kron 4. we caught up with judge trina thompson here at the alameda county superior court in oakland to get some of her reflections of the courtroom process during the ghost ship fire trial, the day after the jury aqcuitted max harris and deadlocked on the charges against co-defendant derick almena. judge thompson says both the prosecution and defense made stellar legal efforts on behalf of the people and the defendantssot the jury deliberated on a 4-day schedule with the judge deciding to give them friday's off. she explains why...sot

. >>> derick almena fate remains unknown following split verdicts, henry lee has been covering this trial from what's next.ena might face a new trial or a new plea deal but an attorney told us he will not accept any offer short of his release from jail for time served.>> we are adamant and steadfast, we want another trial. when we go october we will ask for a trial date. we will certainly have a better shot the next time we will not be handicapped by a codefendant that was transparently innocent. >> reporter: a retrial could backfire for the prosecution. >> the jurors are not going to have a good guy and a bad guy.>> reporter: max harris was acquitted of manslaughter. >> you take max harris out of the equation they're looking at less of a chance of success.>> reporter: harris is now enjoying his first full day of reagan.>> it's the complete change of worlds for him from being in a tank these loving arms and being able to talk with whoever he wants to talk with.>> reporter: the defense says a new trial will be costly financially and emotionally. >> it's a mistake for them to retry this cas

almena tacit agreement what he was doing was okay. >> reporter: dan ashley, "abc 7 news." >> billings said after the verdict was announced prosecutors asked the jurors about the strength of their case. they said because almena faced a 10-2 guilty vote it will be interesting to see if the county takes him back to trial. >>> new details about a deadly hit-and-run in the south bay. san jose police arrested a suspect in connection to last month's incident. police say 26-year-old jesse aguilar was driving an suv when i hit and killed plantacate who was walking in the crosswalk at the intersection of story road. aguilar faces several charges including a probation violation. >>> a lightning-sparked fire has grown to 7,300 acresage is only 7% contained. the red bank fire is the largest in the state. it is burning an area remote, but cal fire says mandatory evacuations are in place and structures are being threatened right now. neighbors in one south bay community are sounding the alarm. they say navigation apps that divert traffic on to their streets could block escape roots during a disaster

>>explains what's next for derick almena it's all available right now at kron 4 dot com. well happening now police in san mateo are looking for 3 people who robbed an apple store this happened at the hills still mall, 3 men they entered the ste they have their faces covered up. and it took about 40 different apple products. the thieves then led police on a chase down highway one oh one and they eventually got away. one man is in custody after a police shooting and vacaville nolan bill. he was wanted for theft and fraud charges. so police found him sitting in a car right along shady glen road. now during an encounter with bill police say that an officer was forced to fire at least one shot. bill then led police on a chase and he got away. but officers later caught up with him when he checked himself into a hospital and napa his gunshot wound is not considered life threatening. anti-vaccination groups are calling on the justice department to launch a federal investigation into a controversial vaccine bill. so the bill aims to crack down on doctors who give out more than 5 i

de oakland, deberÍan estar incluida en algÚn tipo de proceso mÁs adelante, incluso que se le debe almenate se llevarÁ a cabo otro juicio, reportando en vivo deseo clan maria antonieta, mejÍa noticias univision catorce. gracias marÍa emilia por su parte, la alcaldesa clan reaccionÓ ante el veredicto a travÉs de un comunicado, es estamos nuestros pensamientos estÁn con la familia y amigos de las vÍctimas. estoy agradecida con el profesionalismo e integridad por parte de todos los empleados en la ciudad que participaron en este juicio. recordemos que la bodega era un edificio comercial, convertido en una colectiva de artistas, donde vivÍan inquilino se se realizaban algunas fiestas clandestinas en el inmueble habÍa dos escaleras, pero ninguna conducÍa a una salida y tampoco tenÍa alarma ni un sistema de rociadores de agua en caso de incendios, despuÉs de que un juez dictaminarÁ que el juicio en contra de los acusados podrÍa avanzar los fiscales llegaron a un acuerdo de nueve aÑos en prisiÓn para almena y seis aÑos para jarvis, pero en agosto del dos mil dieciocho. el juez no aceptÓ abriendo