the second day, we're expected to hear from derick almena. the hearing starts today at 9:30 in the morning. >>> henry will be in the courtroom all day today. >>> derick almena and max harris accepted a plea deal that he avoided a trial. but some of the victims' family wanted a trial to hear more about what happened. we look at what mother is saying who says they are being denied justice. >> been through months of parents looking through burnt remains and children. it is not worth it. but i'm taking it all on. i'm taking a deal, it all ends. >> that does not spare me at all. i have nightmares every night. i have a constant vision of that fire 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 and i remember turning to sebrina saying, i hope chelsea did something really stupid. i hope she drove off and went to a friend's house and fell asleep. chelsea did not do something stupid. >> re

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

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

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

through tears, derick almena asked for forgiveness. at one point, he stood up from the witness stand and said i am guilty, i am guilty from believing we are -- were safe. i'm guilty for not being there and sharing your children's fate. for his part, harris said he has been praying for the families ever since the fire and that nothing he says could even come close to bringing them comfort. harris said in part, i am deeply sorry and required -- regret that my actions and inactions led to this tragedy. i never would've begun to imagine that any of my actions would have led to this. it's completely unfathomable. >> this woman who lost her son in the fire had mixed reactions. she said, i do see some remorse and harris, definitely derick almena is not remorseful. >> the moment the judge said they were going to set a trial date, the victims families, they were rejoicing, they cried out an absolute disbelief, they hugged each other, they cried, for now, derick almena's attorney said there could be a new plea deal in the next week. all parties

(pkg)sotderick 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

derick almena showed no remorse. the judge was really upset with a statement derick almena wrote. "there are those crippled with hate, those who will never recognize me and my family as a victim. i am a victim and a witness." next, both sides could come up with a nether deal that would satisfy the families or the trial starts next year. >>> one person is date and eight others recovering after a wave of shootings across oakland. there were six shootings altogether. the final shooting this morning left a man dead. police say the 40-year old was hit by a stray bullet. they say the gunmen was actually aiming for another person who ended up wounded. >> unfortunately this happens. but we have gotten very good at at is what e focus isn apng our family and friends of the victim to make sure there is not a cycle of retaliation to cause more harm. >> the half dozen incidents appear unrelated and so far there are no arrest. >>> we have learned a technician that was hit with a steel beam while working on the twin peaks tunnel project has died. he was working on the west side of the project wh

through tears, derick almena asked for forgiveness. he said the day after the fire he wished he were not born. at one point he stood up and said i am guilty. i am guilty for believing we were safe. i am guilty for allowing it. i'm guilty for not being there and sharing their fate. his wife and daughter also spoke. they also said they were sorry. for his part, max harris said he had been praying for the family since the fire. nothing he could say would bring comfort. he said in part, i am deeply sorry and regret that my actions and inactions andlack n imagine that any of my actions over time would haled to this. it is completely un >> reporter: this woman who lost her son in the fire had mixed reactions. >> i did see some remorse. definitely derick almena is not remorseful. >> reporter: the victims families rejoiced by consoling each other. they will be back in court next friday to set a new trial date. in oakland, henry lee, ktvu, fox 2 news. >>> more questions about the tweet from elon musk. a shareholder has filed a lawsuit against t

, the two defendants in the deadly ghost ship warehouse court casesot derick almena'sy: "the judge, in essence, said the plea bargain in regard to my client. mr. almena was unfair and he has rejected it. if they don't want it, the heck with them. we will show them!"> in oakland haaziq madyun kron4news lawrence karnow: temperatures karnow: lawrence cool today but it was still hot in the valleys where temperatures hit the 90s. dense fog is forming at the coast and moving into the bay. the breeze will carry the low clouds a little further inland tonight. on the doppler we can see a few showers over the sierra and southern california. on the satellite you can see as high pressure have moved east. that allowed us to cool today and that trend will continue into the weekend. a few tropical clouds will also pass overhead the next few days too. highs will be in the upper 80s and low 90s inland with 70s and 80s around the bay and 50s and 60s at the coast. it will be a little cooler with a few clouds on sunday. the cooler weather pattern will continue well into next week. (ken) (

on the other hand, people like derick almena and max harris are not thinking. they're not planning for the future. so it's hard to know how you would dissuade people like that. regardless, this sentence is bankrupt. >> reporter: the hearing will resume tomorrow morning around 9:30 when the family members for the defense side will ask the judge for leniency. i understand max harris plans to address the family members, the victims' family members. 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 c

(pkg)sotderick 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

(pkg)sotderick 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 kramer previously appointed privat

derick almena's attorney -- tony serra says jury trial may be in another county or next year. 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 allegedly responsible for the lives of 36-people who died in a fire whilghost ship trial date hearing postponede attending an music event at the ghost ship back in 2016. the ghost ship all day long"can walk through it seems to be.how effective happening, and how effective it seems to be. sound from - debora allen - bart director district 1it's really like a needle in a haystack, they're looking for people who are evading bart when they could just stand in front of the gates. debora allen sits on the bart board of directors. they have learned so far from this pilot enforcement that the problem is worse than they thought. sound from - debora allen - bart director district 1the problem is thought, a lot of evaders. in just two months 15% asked had not paid their bart ride. fare evasion crime, it's very unlikely that a person who in se

the judge rejected a joint plea deal last week saying, derick almena failed to express adequate remorse. we reached out to the da's office for comment. so far we have not heard back. >>> facebook is reporting is bay area footprint. according to the business times the social media giant is in talks to lease a 767,000 square- foot waterfront campus. facebook says it will move its oculus division there which develops virtual reality technology. currently the company has offices in midland park, san francisco, fremont, mountain view and sunnyvale. >>> coming up, trying to cross highway 1 to get to a beach can get a bit dangerous. now some are suggesting a solution. >>> it is a one of a kind block party. the indentation instructs bring your own garbage. what the event in oakland is all about. >>> the calendar says august 16th so why are we talking about a playoff high school football game? i will explain because it is definitely a playoff in august. that is coming up next. get to the ross shoe event and get the shoes you want...for way less. oh yeah. ross has the top brands at big savings. f

. >> derick almena and max harris face 36 counts of involuntary manslaughter. laura anthony is live in oakland with more. laura? >> reporter: well, hi, ama. this hearing here this morning was very brief, just some procedural things taken care of. as for the trial itself no date has been set yet, but the attorneys told us they are looking at early 2019. >> we are going to have a jury trial, both defendants, and it will be next year. >> reporter: with the prospect of a plea bargain now off the table attorneys for ghost ship defendants derick almena and max harris are gearing up for a trial. one attorney will try to have it moved out of alameda county. >> potential jurors in alameda county for the most part have absorbed all of the assassination of character attributes manifested in the press of my client. they have an opinion. >> now we have the opportunity to show that he's innocent. >> reporter: harris's attorneys will try to have his case separated from that of almena, the primary tenant and the founder of the ghost ship. both men face 36 charges for the decem

(pkg)sotderick almena's attorney: "jury trial, maybe in another county, next year.m 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 kramer previously appointed private defense attorney curtis briggs as max harris' couns

derick almena and max harris accepted a plea deal avoids a trial.ed guilty to no contest for the 36 the manslaughter. we'll have live coverage through the courthouse through the morning and right here on ktvu news. >>> victims of last year's wildfires rallied at the state capitol against a plan that would let the electric company when they start fires. they want to reduce the liability for the utility companies if they acted recently. they stay could threaten the existence of utility companies. it would not affect pge in past wildfires. but they stay will take away the rights to being con -- compensated in the future. >> if a utility creates a damage as the cause and negligence of the fire, that we want to get reimbursed for the standards. >> pge was blamed for sparking many fires last year. they have not ruled when that caused the tub fire, one of the most devastate in the north bay. >>> we just received the last progress report from the cal crews. the two crews said that the mendocino complex fire has burned 376 miles. and now they're born ago awa

some even whispered yes in the courtroom when the judge said max harris and derick almena are going to trial. judge james cramer says he believes harris is remorseful and sells his plea deal, but he rejects almena's plea deal saying by continuing to think that he's a victim and blame others, that's not acknowledging responsibility or expressing remorse. because this is a package deal, the judge has to reject the plea bargain and send both defendants to trial. >> if they don't want it, the heck with them. we will go to trial. we will show them. we're not dismayed. we're not overwhelmed. we're not angry. we're not frustrated. >> reporter: earlier in the day max harris addressed the victims' families saying, "i know words are empty. that's why i've turned to faith. i'm deeply sorry. i don't expect forgiveness. i don't ask for that. i'm sorry." >> i do see some remorse in him. i do see some remorse. >> reporter: but families say they agree with the judge that almena showed no accountability. this morning almena told the victims' families about the ghost ship warehouse, "it was never my int

co-defendant derick almena. a story you'll see only on 7. >> melanie woodrow is in our newsroom with the breaking details. >>> curtis brick says he will mention the motion to sever on friday, a hearing coming after judge james kramer rejected their plea deal this past friday. the judge says almena wasn't remorseful enough. more shakeups expected in the case this friday. curtis brigs intends to make a motion to sever his client's case from derick almena's case. >> based on the amount of prejudicial publicity that's been -- towards mr. almena, we don't want to water down mr. harris's statement to the public and to the family. >> reporter: friday judge james kramer said almena wasn't reforceful enough. he rejected the co-defendant's plea deal in exchange for no contest pleas, almena was going to get nine years in jail, and harris six. >> in my opinion, the judge was telling me that the case strictly dealt with -- >> reporter: he'll mention his plannings to make the motion in friday's hearing, but he says it will ta

the hearing comes after judge james cramer rejected derick almena and max harris' plea deal last week. the judge said almena wasn't remorseful enough. more twists in the ghost ship warehouse case. now only on abc 7 news, max harris' attorney curtis briggs says he'll make a motion to sever his client's case from derick almena's case. >> based on what a lot of the victims said, matt harris saying why is that nice? he took immediate accountability, cooperated with authorities. >> friday james cramer said almena wasn't remorseful enough. he rejected the co-defendant's plea deal in exchange for no contest to involuntary manslaughter, almena was going to get nine years in jail and harris six. >> the judge was telling me that the case should be dealt with simply. >> reporter: briggs says he'll mention his plans to make the motion in friday's hearing, but he says it will take several weeks to prepare the motion. friday is also a big day for almena's attorneys. brian getz says they need to decide whether to make a motion to request a change of venue for a possible trial. >> i'm thinking about

wanted, a some even whispered yes in the courtroom when the judge said max harris and derick almena are going to trial. judge james cramer says he believes harris is remorseful and sells his plea deal, but he rejects almena's plea deal saying by continuing to think he's a victim and blame others, that's not acknowledging responsibility or expressing remorse. because this is a package deal, the judge has to reject the plea bargain and send both defendants to trial. >> if they don't want it, the heck with them. we will go to trial. we will show them. we're not here dismayed. we're not overwhelmed. we're not angry. we're not frustrated. >> reporter: earlier in the day max harris addressed the victims' families saying, "i know words are empty. that's why i've turned to faith. i'm deeply sorry. i don't expect forgiveness. i don't ask for that. i'm sorry." >> i do see some remorse in him. i do see some remorse. >> reporter: but families say they agree with the judge that almena took no accountability. this morning almena told the victims' families about the ghost ship warehouse, "it was never

that they could reach a plea agreement before that happens and avoid a trial for max harris and derick almenaf them faces 36 counts of involuntary manslaughter. last month they pled no contest and almena said he is guilty several times in a statement. judge james 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 th

kept well hidden under a rug. >> reporter: after accepting a plea bargain warehouse master tenant derick almena is expected to get nine years in jail. creative director max harris six years. in june almena spoke with 2 investigates about why he took the deal. >> in order to defend myself i would have to point my finger around and make other firemen and police officers that were doing great jobs that were like our friends, you know, all of a sudden make them guilty now. >> other than derick almena and max harris, who else in your opinion should be held accountable? >> the city of oakland, their fire and police department because of the many complaints that were registered about the residents who lived at ghost ship. they can't pretend they didn't know. >> reporter: while the ghost ship criminal case focused on almena and harris' involvement in the ghost ship, city records and media exposed oakland's role, specifically the city failing to elevate complaints on the property and police and firefighters had visited the warehouse before the fire, but a formal inspection was never done. when you learn

family voiced their strong opposition to the plea deal, nine years for ghost ship master tenant derick almena and six years for max harris. a victim's boyfriend compares that to a slap on the wrist. >> this sentence is unfair. it's unbalanced. it's negligent. >> three months for almena and two months for harris for each of those lives was way too short. >> reporter: many families asked judge james cramer to dismiss the plea bargainor change it. a different judge jacobson brokered the plea deal. cameras were not allowed inside the courtroom. one of the victim's brothers told the defendants the district attorney gave you both a sweetheart deal. this father whose daughter died in the fire said we were looking for justice. instead we're left with more questions. amanda we are shaw's mother told -- amanda kershaw's mother told the defendants what you did was despicable and you both should pay for that. amanda's brother criticized the district attorney saying we feel betrayed. another family member addressed almena. he's guilty as hell. he's guilty of creating a hell hole. >> many family members sa

the attorney for the defendant, derick almena wants to move the trial out of oakland after derick almena's plea deal was thrown out. he cannot get a fair trial in alameda county. in a surprise move last friday, the judge said a 9 year prison term was too lenient given that 36 people died in the fire in oakland in 2016. a hearing is set for this friday to set a trial date. >>> the santa clara county board of supervisors are expected to approve the next step in an affordable housing project. it is a part of an $850 million housing bond. the county wants to buy land at lee avenue and south was expressway. the land would be used for 63 apartments for low income seniors, including those with special needs. the construction could begin before the end of the year. >>> san jose's willow glen neighborhood is reeling from a rash of crimes. it includes current staff -- it includes car theft and assault. for teenage boys got up and be a man. he needed 9 staples to seal a gash in his head. someone kicked in the front door of the house and stole a purse, laptop, and cell phone. >> it is very scary. espe

that they could reach a plea agreement before that happens and avoid a trial for max harris and derick almena of them faces 36 counts of involuntary manslaughter. last month they pled no contest and almena said he is guilty several times in a statement. judge james cramer denied the plea deal last week because all the families demanded it and judge cramer didn't believe almena showed remorse. if this goes to trial, the city of oakland would also be in the spotlight. it did nothing to shut ghost ship down but mayor schaaf 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 talks with defense attorneys and that prosecutors would not be negotiating plea dewi almena or harris. the strictttorney wrote, quote, 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 t

derick almena and max harris agreed to a plea deal, no contest to 36 counts of involuntary manslaughtert out of jail in about three and a half years. harris helped collect rent and manage events and could get out in 23 months because of good behavior and time served. the two men are also planning to speak in court. the hearing is scheduled to last for the next two days. that's so everyone has a chance to make a statement. live in the newsroom, amy hollyfield, abc 7 news. >>> a state appeals court has rejected a move by former stanford swimmer brock turner to overturn his sexual assault conviction. his lawyer argued turner wanted to have outercourse with the victim and never intended to rape her. the judge said the argument lacked merit. the case got national attention when the trial judge gave hi six-montfoseenrd professor whoes applauds the decision. >> brock turner is a lying, unrepentant sex predator who never showed real remorse for his crimes and this decision by the appellate court shows why he never deserved the light sentence that judge persky gave him. >> he can appeal to the s

you are representing derick almena, max harris. you want a change of venue, right? >> absolutely.their change of venue motion. what i think most would do is say, all right, let's send it out to trial. when you do, let's get it in front of a judge and a jury panel. let's see how that jury panel reacts to this. how many of them have heard of the case? how many of them have made up their mind? keep in mind, if you ask them if they've heard about the case, that does not exclude them. it's only, have you made up your mind already, having heard the evidence? if you get a lot of jurors saying that, then, that judge who is the trial judge will say, we can't get a fair jury. we are changing venue. and it's got to go to a similar county, similar size, with the same type of linear panel. my guess would be l.a., san diego, something like that. >> derick almena's attorney has expressed concern about the fact that when it came time for the defendants' last week to own up to things, if you will, he did admit to some of his responsibilities. and, now that he has publicly done that, there's no way

derick almena and max harris have been charged with involuntary manslaughter. the judge tossed out a deal previously accepted by another judge, setting the stage for a lengthy trial now. the attorney is filing a motion to move the case out of alameda county. harris's attorney wants a separate trial. >>> the attorneys for nia wilson's family filed a complaint against bart today accusing bart of not keeping riders safe. >> john cowell was accused of fatally stabbing nia wilson. melanie woodrow is at the bart station. >> reporter: the attorneys for nia wilson's family say there are 22,000 fare evaders every day on bart. john cowell was one of them, and that had bart stopped him, wilson would still be alive. nia wilson's family and her attorney stood next to the 18-year-old's photo during a press conference where they announced they filed a complaint against bart. >> nia's death is not some horrific anomaly that occurred in two seconds that nobody could do anything about. >> attorney meet the -- on sunday, julyohnowell and her sister lifah. arns says there aerday,

the judge could set a trial date for derick almena, also known as derick ion, and max harris, the judges that prosecutors worked out and this week, the district attorney wrote a letter to the judge saying that her office is no longer going to cut new deals in the case, joining us in the studio to talk about the twists and turns in the case, professor david levine. >> the district attorney said we are not going to cut another deal. >> i know she said that, and that may be the cause but she was clearly responding to the passion of the families and also that the defendant, derick almena, also known as derick ion, did not do what he was supposed to do, to show sufficient contrition. remember, if you want to be a cynic, she is running for reelection, maybe the week after her election, they will have a change of heart but shows a professional, she has run the office well. i have to think this is an unusual situation and they were responding to unusual evens. >> where is the balance between the families having a right to say, this is what we want, we want a stricter sentence, that's not enough

the judge who presided over sentencing rejected the plea deal because he felt derick almena had not shown true remorse for the 36 deaths. a new judge will hear the motion in november. >>> a judge is delaying the second trial for the undocumented man found not guilty of murder for shooting kate steinly. this comes as the u.s. supreme court decides whether to dismiss the case and jurors found him guilty of being a felon in possession of a firearm. >>> friends and family of the shooting victims in florida are speaking out about sunday's tragedy as investigators try and piece together the motive behind the killings. >> reporter: holding candles and wiping tears, hundreds in west virginia remembered the life of 27-year-old taylor robertson, one of two shot and killed over the weekend at the madden tournament in jacksonville, florida. >> he's a superhero, he's invincible. things like this don't happen. >> reporter: a family member of 22-year-old elijah clayton spoke out earlier in the day. >> our family has been forever changed. nothing will replace the that we have for elijah. there is a hole

the judge said that a nine year prison term for derick almena was too lenient after 36 people died in the fire. and he rejected a six year plea daily for max harris. the next hearing is friday to set a trial date. >>> we have new information bat rest of a teenage girl in san francisco yesterday afternoon. about 1:00 and officer spotted the girl that had a warrant for several burglaries. she stopped at a store on market street. that is where two police officers tried to arrest her. the police spokeswoman said that she resisted and spit in the faces of the police officers. witnesses claimed that she was handcuffed and officer punched her. after the girl was taken to the hospital, a crowd gathered and accused the police officers of excessive force. and the teenage girl was released from the hospital and is now in custody. >>> we have some new information about i brief disappearance of an oakland police car. it was stolen about 1:45 this morning from 76th avenue in the east mount neighborhood. and the police, it was recovered 11 minutes later in the redwood heights neighborhood. the polic

. >> the case of derick almena and max harris, we will see where it goes from here. >> we are working to learn more about what happened in court today. we will have more tonight at 10 pm. >>> more breaking news, a jury has awarded more than a quarter of $1 billion to a school district worker who says roundup and weed killers gave him cancer. kristin, this is the verdict, johnson had been hoping for.>> reporter: absolutely. the man at the center of the case is here inside these law offices. we are waiting for a press conference scheduled to start in a half hour. he was in the courtroom today as he read the jury verdict. monsanto, the makers of roundup should have known their product is dangerous. >> did the potential risks prevent a substantial danger -- resent a sub actual danger? -- present a substantial danger? answer, yes. >> reporter: it was like that all afternoon as she read a series of questions in a similar vein. the jury awarded him close to $39 million in compensatory damages, and $250 million in punitive damages.'s attorney represents more than 700 clients with similar clai

derick almena faced relative victims as he spoke but harris did not turn around in his seat. >> this sentence is unfair and unbalanced it is not negligent and it does not help the city or the state or the people of california. >> the victim brought many in the courtroom to tears when she asked the defense to close their eyes and imagine gregory just being out of reach. she asked them can you hear her? can you feel the anguish, and you feel the pain? i don't know how you can look at your cell. leslie moran the mother of a victim told the court i know he saw the girl's faces flashed before him as he was choking on his last breath. susan slocum a mother read a statement that said in part mr. armenta and mr. harris got off easy in the plea deal a loved one's death cannot be in vain. there must be a catalyst of change. almond is expected to be sentenced to nine years but will only serve 3.5 years behind bars because of credit for time served in behavior. harris is due to be sentenced for six years but could be out in less than two. they will also serve time in a local gel instead of the s

i want to go to trial, which the prospect of a plea bargain now off the table, attorneys for derick almena and max harris are gearing up for a trial. one, almena's attorney, tony serra will try to have moved out of alameda county. >> it probably will be another county if it's granted. it probably won't be san francisco. it could be something like san jose, redwood city, martinmarti. >> i never thought he should go to jail for one day. >> harris' attorneys will try to have his case separated from that of almena, the primary tenant and founder of the ghost ship. both men currently face the same charges, including 36 counts of involuntary manslaughter for the december 2016 fire. his attorney says much of harris' defense will involve diverting blame to the owner of the warehouse and the city of oakland. >> but now we have the opportunity to show that he is innocent. and we have the opportunity to show that the owner was not innocent. we have the opportunity to show that the city of oakland caused this by neglect. >> uc hastings college law professor david levine believes it's highly unlikely t

in the criminal case, the attorney for the defendant, derick almena said that he will request a chunk to move the case out of oakland since the plea deal was thrown out. in a surprise move last friday, the judge denied the 9 year prison term was too lenient giving 36 people died in that warehouse fire in 2016. and the six year plea deal for max harris was also rejected. >>> cal fire is not releasing many detail about a utah firefighter died yesterday. he was fighting the mendocino complex fire. they say he was hurt while on the fire lines and airlifted to a hospital where he later died. >> this is a tragedy. they're not expected or wanted, but they are a stark reminder of how dangerous this career is. >> the firefighters are finally getting an upper hand on the mendocino complex fire. it is now 68% contained. it has burned 513 square miles. >>> two members of the trump administration toured the devastation from the car fire. secretary of the interior was joined bison any purr duke the secretary of agricultural as they surveyed the damage firsthand. >> i was i navy seal for 23 years an

announced and has more on the story. >> what was supposed to be a sentencing outcome for defendants derick almenas was not so. families happy with the judge's decision to reject the plea deal after taking their comments and the defendants' into consideration. judge james cramer heard from almena and harris as they expressed sorrow over what happened on december 2, 2016. speaking face-to-face with victims' families. 36 lives lost in that massive blaze. victims thought harris expressed a lot of remorse, but did not think almena accepted full responsibility for his role in the events that led to the inferno. >> definitely almena is not remorseful. >> and the judge agreed. cramer was okay with the plea agreement for harris, not for almena. but since this was a package deal, he had to accept it for both or neither. >> you see the victims' families are very adamant. and i empathize with their perspective, even though i think it's a little bit irrational. but they want 36 years. >> defense attorney tony sarah doesn't think his client will receive a fair trial given the amount of media attention this cas

curtis brigs intends to make a motion to sever his client's case from derick almena's case. >> based icity that's been -- towards mr. almena, we don't want to water down mr. harris's statement to the public and to the family. >> reporter: friday judge james kramer said almena wasn't

ghost ship master tenant derick almena and codefendant max harris sat and listened as relatives of victims blasted them for their roles in a deadly fire. cameras were not allowed in court as relatives packed the courtroom for what a judge described as a heart wrenching hearing. any of the victims' family members wore pins or brought full-sized poster boards with their loved ones' pictures. back in july, they each entered no contest pleas to 36 counts of involuntary manslaughter. one count of each victim who died. addressing the court, many relatives of the victims said they felt betrayed by the plea deal and said 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, unbalanced, negligent. it does not help the city, state, or people of california or the city of oakland. >> reporter: an and -- aunt of a victim brought many to tears when she asked people to close their eyes and imagine gregory being just out of reach. she said, can you hear? can you feel the anguish? the pain? i don't know how you can

some even whispered yes in the courtroom when the judge said max harris and derick almena are going on trial. judge james cramer says he believes harris is remorseful and accepts his plea deal, but he rejects almena's plea deal saying by continuing to think that he's a victim and blame others, that's not acknowledging responsibility or expressing remorse. because this is a package deal, the judge has to reject the plea bargain and send both defendants to trial. >> if they don't want it, to heck with them. we will go to trial. we will show them. we're not here dismayed. we're not overwhelmed. we're not angry. we're not frustrated. >> reporter: earlier this the day max harris addressed the victims' families saying, "i know words are empty. that's why i've turned to faith. i'm deeply sorry. i don't expect forgiveness. i don't ask for that. i'm sorry." >> i do see some remorse in him. i do see some remorse. >> reporter: but families say they agree with the judge that almena took no accountability. this morning almena told the victims' families about the ghost ship warehouse. "it was never

judge's decision regarding almena, she says he continues to speak about himself instead of expressing remorse. one day before alameda county judge james cramer rejected derick'snot to worry. don't fight back. don't deflect. just apologize. >> but almena says it was hard for him to do that. >> to truly be sorry and apologetic, i feel i also have to offer up a somewhat of an explanation. >> it' t

derick almena and max harris plead nod contest. almena is expected to get out of jail in three and a half years, harris in 23 months. because of time served and good behavior. the deal spares everyone of a trial but some relatives say the sentences are too short. the hearing is expected to take two days. the judge wants everyone to have a chance to speak. harris and almena are also expected to make statements. live in the newsroom, amy hollyfield, abc 7 news. >>> a state appeals court has rejected a move by former stanford swimmer brock turner to overturn his sexual assault conviction. his lawyer argued turner wanted to have outercourse with the victory and never intended to rape her. # the judge said the argument lacked merit. the case got national attention when the trial judge gave him a six-month sentence. the stanford professor who led a recall effort against the judge applauds the decision. >> brock turner is a lying, unrepentant sex predator who never showed real remorse for his crimes and this decision by the appellate cour

derick almena and max harris are charged with 36 counts of involuntary manslaughter. that's one count for each victim who died in the 2016 fire in oakland. a plea deal will no longer be considered for almena and harris. a judge rejected a deal between the defense and prosecutors... claiming almena showed áno remorse. today... defense attorneys will ask for the case to be heard áoutside of alameda county. ( james ) a former uber driver has been arrested and charged with assaulting a woman he picked up in san francisco. 30-year-old kevin barillos-saballos was employed by uber but when the assault occurred in july he was not on duty.. so he shouldn't have been picking up fares. according to police... barillos-saballos picked up an intoxicated female in san francisco and drive her to union city. during the trip barillos- saballos is accused of sexually assaulting his passenger. investigators are now reaching out to the public to see if there may be additional victims. ( james ) still ahead.... vice president mike pence is now involved in the search for a missing college st

immediate accountability. >> meanwhile derick almena's whc combat legal dumping.of unwanted items at no charge. the bulky block parties will be held two weeks apart part of an effort to educate residents about the city's bulky waste pick-up service that allows people to schedule a curbside pick-up. >>> and in accuweather, live look outside, beautiful right now as time is 6:37 in the morning. you can see already have holes in our cloud cover so that means we're going to see sunshine a lot quicker than we did see close to the coast today compared to yesterday. right now temperature wise upper 50s to low 60s at this hour. so we're taking a look at your 12-hour planner, mix of sun and clouds today. sunnier skies prevail by the lunch time hour and the sun will warm us up quicker inland compared to yesterday, near 90s degrees in our warmest spots around the bay. download the accuweather app and track temperatures hour by hour as they warm up later on today. so highs inland going near 90s. 89 in concord, 88 livermore, into the south bay it will be a mild day, 83 degrees

derick almena agreed to a nine- year sentence. he was the master tenant of the warehouse. but a judge rejected the deal becalt almen hadn't shown true remorse for the 36 deaths. a new judge will hear the motion in november. >>> san josi's police union is agreeing to accept stronger oversight from an independent auditor, days after the previous auditor resigned. betty yu has the reforms some say have been a long time coming. >> reporter: the independent police auditor's role is that of a civic watchdog. as part of the new agreement between the city and sjpoa, the police auditor will have the same oversight as the department of internal affairs, expanded oversight for officer- involved shootings and access to use of force data, even without a complaint being filed. >> what i'm hoping is the community is going to see this and say, this is phenomenal. in three major areas, we can have a civilian oversight. >> reporter: right now the police auditor looks at cases only after citizens make complaints. the former auditor aaron zisser resigned after many complaints, including this

the lawyer for derick almena wants to move the trial out of the area. this... after the judge in the case tossed out his plea deal last friday. almena agreed to plead guilty for his part in the ghost ship warehouse fire that killed 36 people in exchange for a nine year sentence. his lawyer believes his client can't get a fair trial in alameda county... that's why he's asking for a change of venue. ( darya ) another big story we are following this displaced after a fire at a en home in san francisco. the fire broke out on ralston street. the fire was in the home's attic. firefighters were able to put it out quickly. 8 adults and two children were living in the home at the time. nobody was injured. ( james ) we now know the names of the two boys killed in the walnut creek crash on sunday. 17-year-old dakari (duh-car-ee) fagorala (fay-go-rah-la) and 18-year-old john walizada of antioch. we spoke to fagorala's mother who said the group of five had grown up together.. they all just graduated high school together. she also said the teens were at "city nights".. a club

in the courthouse when the judge dismissed a previously brokered plea deal involving defendants derick almena and max harris. now it appears that the da and at least harris's defense attorney are welcoming a trial. district attorney nancy o'malley is making her own plea to the court on behalf of the victims of the deadly ghost ship fire. the letter, seen here, has been published by our partners at the east bay times. o'malley writes, the people stand ready to try this case against both defendants. >> what's unusual here is first the da was willing to make a deal, and now the da is not. >> o'malley's change of course follows the presiding judge's. last week he dismissed a brokered plea deal for the defendants. 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 respon

a two-day sentencing hearing for derick almena and max harris is set to begin in oakland. the two men -- who pleaded no contest to 36 charges of involuntary manslaughter -- will face the families of those who died in a fire at the ghost ship warehouse. relatives of the victims are expected to testify about their losses before a judge sentences the men on friday. almena's sentencing starts at 9-30 this morning. ( lydia ) and be sure to download the kron 4 mobile app... we will send a breaking news push alert to your phone as soon as the setence is announced. the app is free to download. ( james ) happening now... police are investigating after two people are found dead in san francisco's tenderloin neighborhood. police say the bodies were found around 5:30 last night when they were conducting a well-being check at a home on the 200 block of turk street. the homicide unit is investigating but police have not released any other information. ( james ) police in santa rosa arrest a man accused of spying on women using the restroom at the santa rosa junior college. a woman calle

the plea deals of two men charged with 36 counts of involuntary manslaughter.both max harris and derick almenaements to the victims in court.harris telling the victims' families in part:"i am so deeply sorry and regret actions and inactions, my lack of awareness that led to this tragedy. i don't expect forgiveness. i would never ask for that."when it was almena's turn... he told the victim's families in part:"i am guilty for believing we were safe... i am in hell. that is why i blame god"the judge found remorse in the words of harris but not almena.almena was facing a nine year sentence as part of the plea with prosecutors.and since their plea is a package deal... that affects both defendents. and they now may go to trial.tony serra/defendant's attorneythe magnitude of the evidence against harris is allegedly lesser than the magnitude of evidence against my client. jurors are notorious for compromise. what i always saw is an acquittal for harris, maybe a hang, maybe a guilty, maybe a not guilty for my client, but with harris on, i'm in a stronger position so i hope they do resolve it in that f

the attorney for max harris wants to separate his client's case from that of derick almena's. a judge rejected a plea deal between prosecutors and the two men on friday. he said almena wasn't remorseful enough and ordered the case to go to trial. 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 ou