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 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,

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

his concerns about the fire load there and then in his testimony, he was asked if derick almena told him if anyone lived there and the fire captain said he was told by almena that no one did. that was the last testimony the jury heard. we thought they went out on the lunch break and then we heard within minutes of that, that they had reached a verdict. joining me now, leslie brinkley, my colleague. both of us have been here pretty much from the beginning. this trial started with jury selection in late april. >> i think the first day of testimony was april 30th. it's been running through the entire summer. >> this jury has been deliberating. two juries actually. we lost three jurors the last several weeks. it seemed today earlier that things might go for a bit longer. one of the themes that ran throughout the trial certainly from the defense side was the involvement of the city of oakland specifically the fire department and the number of times that various fire personnel were inside that warehouse. leslie, you heard a lot of that testimony. >> i certainly did. there were dozens over 3

for max harris, are you surprised though by what the jury was able to come up with in regards to derick almena? >> i'm not at all, because at that same time that i thought max harris would be walked out of the courtroom, i thought they would hold almena responsible. because remember, he was the one that lied to the fire department. he was the one that was running the place. harris was more of a gopher for him. i think the jury looked at that, and almost started from the top down. where were the owners? where were the owners kids? they owned the building, ran the building, and then you had almena next in command, harris down below. so i'm sure the jury thought, why should we hold him responsible for this. >> all along the strategy from the defense was to shift the blame, as you said, over to the city, over to pg&e, over to the oakland fire department, and to also sort of suggest this notion that maybe the fire had been intentionally set. it seems it was a somewhat effective strategy? >> i don't think the intentional fire carried any water for the jury. i think they quickly dismiss that. but, yo

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

the jury deadlocked on the exact same charges for derick almena with 10 jurors voting in favor of convictionquittal. henry lee tells us that there were gasps in the gallery when the judge declared a mistrial. almena's attorney was emotional, describing his frame of mind. >> while he is happy in a sense, to be an convicted, he is very unhappy when he thinks about what happened. and the fact that that can never be repaired. >> i was always under the belief that max harris was innocent and i did but i had to do to get him home, and our hearts are with those families and everybody that has been victimized by this tragedy. >> max harris will now be released after more than two years in custody. the big question now, will prosecutors seek a retrial for derick almena. >> we are going to evaluate the fact 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.>> derick almena's next court appearance is set for october 4. his attorneys say they are going to try to get hi

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

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 when the data used around the world. the other day one of them got the ride of a lifetime. this doctor works for a company called remote sensing systems that tracks global wind speeds using data from satellites.>>> i like to follow a storm and see if our data indirect measurement is realistic.>> reporter: as dorian began building she got a call asking if she wanted to be on one of the planes to fly through storms to measure their intensity. it was something she had been asking for for two years. >>> i'm very surprised. it is very dangerous sounding to me. she is the mother of two children.>> reporter: she hopped a flight in lak

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.

now, derick almena, and that's who, of course, we're talking about here, his attorney, tony serra told one of the reporters that he would not accept a plea deal for his client. 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 pa

the jury deadlocked on the same charges against derick almena. ve 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 school

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

the prosecutor may not want to take that risk or could offer derick almena a plea deal. this is a sure ththing. this is a lesser penalty. just take this. there is no trial. is less risky for derick to take the deal. t decide inspected they dropped the ball? did the district torney lose is ase? >> without knowing what happened in the jury room, it is impossible to answer this question. at is special about juries, as opposed to the legal system where there are professional judges, juries don't to lane why they did what they did. r we will nereally know what happened in that room. even if we hear from a juror or two, what happed, we will never hear the story from the perspective of all 15 people involved. we will not know, is there some theory about the defense posited? we know they weretrying to advance a theory that involves complicit responsibilitya part ofe city. we know they suggested the possibility of arson. we know that there are many questions floating, is this g e right thto do? we know int the contof max harris, his close friends with many of the people that died.

what comes 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 x, we don't know why they decided what they decided, the prosecution cannot appeal that. however, when we have a hung jury, that means the jury was unable to reach a decision. in this case, 10urors tore leaninrd convicting, two are leaning toward acquitting, and they could not reach a verdict. in that case, it is dismissed, without prejudice. at means, the prosecution can retry the person. the bigger question is, should the prosecution retry the person? is it worthwhile is it good idea? is it the right thing to do. that will have to be decided within the das office. there will be ara g with all parties to determine how to proceed. >> is there possibility of a plea deal agn? we reacheone last year mistrial and it was run out. but they reach another one for derick almena? >> absolutely. this is the possibility. if the prosecutor foresees

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

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

big news, the jury is hung over derick almena. ut 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

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

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 mothers and wishes he could have done something to save someone that died. >> i can't imagine the healing he has to go through. he lost seven friends in one night. >> reporter: as part of harris' release, the alameda county sheriff's deputies drove him away from the jail. according to a spes

>>> 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

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, k

the 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

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

. >>> 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

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

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

>>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

derick almena, a dark sport coat with a sweater. both men looking somber.there was a lot of tension, a lot of nervousness inside the courtroom. by my count, 36 members, family members of the victims were in the courtroom. some of them started crying before the judge and the clerk even go to the verdicts. but once they were read, the first one was max harris. took 12 minutes to read 36 counts of not guilty. here's what the attorneys said after. >> this isn't a time for us to talk about the

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

we're going to go into what is next for max harris and derick almena. uh-oh, looks like someone's still nervous about buying a new house. is it that obvious? yes it is. you know, maybe you'd worry less if you got geico to help with your homeowners insurance. i didn't know geico could helps with homeowners insurance. yep, they've been doing it r years. what are you doing? big steve? thanks, man. there he is. get to know geico and see how much youould save on homeowners and renters insurance. weather had in the weekend and things haven't been terrible know not yesterday it yesterday morning we had a major crash on the shore tracking 5.80 it's pretty sloter oakland. there's a crash working the drive times on the rise k. >>well temperatures going the other way actually cooling right as we head into the weekend calling, i mean we're back to start the week it was a little toasty for labor day for sure, but now we're just more comfortable as you're getting up. but this weekend which is not a bad place to be heading. you look outside at mount diablo the east ba

justine waltman in for vicki tonight, max harris has now been acquitted and there is a hung jury for derick almena that has now led to a mistrial harris has already been released from jail and that is where kron four's gayle ong is live in dublin tonight and dan thorn is getting reaction from victims family members. but first we want to go to kron four's michelle kingston who has been following this trial from the beginning. michelle quite a day. >>yes, quite a day indeed we heard from defense attorneys and prosecutors today but let's talk about the family of those victims. they have been in that courtroom day in and day out for the past 4 months today, letting out an audible gasp when that verdict was reached a lot of them to a motion ul too upset to speak with us tonight, but those who did said that they were shocked. >>after months of testimony in weeks of deliberation max harris was found not guilty and the jury was hung on a 36 counts of involuntary manslaughter charges for derick almena both member charged the deaths of 36 people at the ghost ship warehouse fire in oakland in december 2016 t

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

>>neither jury was able to reach a decision on derick almena in my mind that's 2 mistrials.ant gets was coal counsel for derek throughout the ghost ship fire trial in oakland. the jury found cole defendant max harris, not guilty on all 36 counts of involuntary manslaughter. the jury was hopelessly deadlocked of the charges against al bayda who now faces the possibility of a retrial however, his attorney says if that happens the result could be a 3rd hung jury the original jury of 12 deliberated for weeks. >>they were unable to reach a verdict which in my mind is something of a functional in this trial of never declared that they were locked up. but they had to have been locked up to deliver a 10 or 11 days without reaching a verdict on either defend >>it turned jury 2 point o following the misconduct allegations 3 alternate or impaneled and that jury deadlock bride gets was seated next to derek at the defense table with the verdict was being read he was confused didn't really understand with them and then he didn't understand the status of a mistrial defend and while he's wa

. >>> prosecutors are now deciding whether to seek a second trial for derick almena. while the jury found the codefendant not guilty there was 10 to to to convict derick almena which means a hung jury. family members for feedback on whether to retry the ones remaining suspect. >> while he is happy in a sense, to be on convicted, he is very unhappy when he thinks about what happened. >> our hearts have been with the families of the 36 victims that died in this unspeakable tragedy. that still remains our focus one suspect remains behind bars. next court appearance scheduled for october 4 . >>> deputies tell us they talk to max harris for about 15 minutes before belief in them. authorities say he was quiet and reflective as they drove him to an undisclosed location. deputies added he did not want to make any public statements at this time. derick almena's attorney said he won't stop until his client is out of jail as well. >> mike could position very strongly, try your best to get bail, set a jury trial as quickly as i am available and then in the interim, prepare for tr

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. >>and he is out of jail tonight derick almena however he is still in his jail cell. he is awaiting his next hearing. >>michelle thank you one of the 2 defendants in the case is out of jail, max harris was released from the santa rita jail in dublin. shortly after the jury acquitted him of all charges kron four's gayle ong live for us outside the jails tonight with more gayle. >>can amass ariz was released sometime after 6 o'clock this evening. he declined all interviews with the media he was actually driven from that. alameda county sheriff's office to a location to meet friends and family we spoke to sergeant ray kelly who tells me that his mood was described as exhausted after a world when harris was facing at 36 counts of involuntary manslaughter. he was arrested in 2017 with his connection to the ghost shi

>>neither jury was able to reach the decision on derick almena in my mind that's 2 mistrials. >>bryant gets was coke. but derrick throughout the ghost ship fire trial in oakland the jury found cole defendant max harris, not guilty on all 36 counts of involuntary manslaughter. the jury was hopelessly deadlocked on the charges against al bayda we're now faces the possibility of a retrial however, his attorney says if that happens the result could be a 3rd hung jury the original jury of 12 deliberated for weeks. >>it was unable to reach a verdict which in my mind is something of a functional in this trial of never declared that they were locked up that they had to have been locked up to deliver a 10 or 11 days without reaching a verdict on either defend them. >>it or jury 2 point o following the misconduct allegations, 3 alternatives for impaneled and that jury deadlock up at the bride gets was seated next to derek albeit at the defense table with the verdict was being read he was confused didn't really understand with them and then he didn't understand the status of a mistrial d

the jury in oakland could not reach a verdict for derick almena and max harris was found not guilty for the same 36 counts of interval tarry manslaughter. >> almena remains in custody and is set to return to court next month. 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

>>neither jury was able to reach decision on derick almena in my mind that's 2 mistrials. >>bryant gets was co counsel for derek throughout the ghost ship fire trial in oakland. the jury found cole defendant max harris, not guilty on all 36 counts of involuntary manslaughter. the jury was hopelessly deadlocked on the charges against al bayda who now faces the possibility of a retrial however, his attorney says if that happens the result could be a 3rd hung jury the original jury of 12 deliberated for weeks. >>it was unable to reach a veict which in my mind is something of a this trial of never declared that they were locked up that they had to have been locked up to deliver a 10 or 11 days without reaching a verdict on either defend >>or jury 2 point o following theconducallegations, 3 alternatives for impaneled and that jury deadlock up at the bride gets was seated next to derek at the defense table with the verdict was being read he was confusedidn't really understand with them and then he didn't understand the status of a mistrial defend and while he's waiting to find o

plus what's next for derick almena since the jury didn't decide his fate.ll over at our website at kron 4 dot com. still ahead in sports. the latest and takes from superstar receiver antonio brown which features a reported so convo with his head coach we've got that head coach we've got that ♪ sup. wh- whacha doing? i'm watching food. try my $3 cheddar bacon loaded curly fries. get 'em delivered with doordash. try my $3 cheddar bacon loschools are having acrto cut sports.y, i'm tony the tiger and i'm on a mission to fix that. ♪ bring back the tigers. ♪ your mighty, mighty tigers. [cheering sounds] buy a box and help all kids be tigers. ♪ ♪ try my $3 steak and parm loaded curly fries. get 'em delivered with doordash. him all of this idea the apart of raisins you've got >>and that is still the plan raiders broncos monday night at the coliseum on another note, the 40 niners open their season sunday in tampa. now to some baseball, the giants on the next stop of the road trip visiting some old friends. the national league powerhouse dodgers bruce bochy's final m

yesterday defendant max harris was acquitted while defendant derick almena remains in jail after theury was unable to reach a unanimous verdict. >> abc7 news reporter leslie brinkley has been following the case. she's live with the latest today from oakland. >> reporter: we tried today to talk to both derick almena and max harris but their attorneys said they're not yet ready to do interviews. we also know that all eyes will be on the city of oakland with an upcoming civil trial. we attempted to talk to the mayor. the mayor, we're told, is out of town and not available to comment today. i did talk to family members, though, and they say they're emotionally exhausted. david gregory shared these personal photos today of his daughter who perished in the ghost ship fire along with her boyfriend, alex vega. this family photo taken days before she died in 2016. he told me, it feels like we're never get closure. to money is going to bring back our daughter, he said. i i wanted criminal justice. many family members from the ghost ship fire are turning to how the city of oakland will respond

>>a decision on derick almena in my mind that's 2 mistrials. >>bryant gets was coal counsel for derek throughout the ghost ship fire trial in oakland. the jury found cole defendant max harris, not guilty on all 36 counts of involuntary manslaughter. the jury was hopelessly deadlocked on the charges against al bayda who now faces the possibility of a retrial however, his attorney says if that happens the result could be a 3rd hung jury the original jury of 12 deliberated for weeks. >>they were unable to reach a verdict which in my mind is something of a functional in this trial of never declared that they were locked up. but they had to have been locked up to deliver a 10 or 11 days without reaching a verdict on either defend them. >>it or jury 2 point o following the misconduct allegations, 3 alternatives for impaneled and that jury deadlock up at the bride gets was seated next to derek albeit at the defense table with the verdict was being read he was confused didn't really understand with them and then he didn't understand the status of a mis

the jury could not reach a verdict for derick almena. there is still much more ahead on tonight's cbs evening news. breaking news in the nationwide vaping crisis. a possible cause for many of those mysterious illnesses. an arizona officer quits before atg ca o later, the top chef who has made it his mission to feed the victims of natural disasters. everything was so fresh in the beginning. ♪ [sniff] ♪ dramatic music♪ but that plug quickly faded. ♪upbeat music luckily there's febreze plug. it cleans away odors and freshens for 1200 hours. [deep inhale] breathe happy with febreze plug. going back to the doctor just for a shot. with neulasta onpro... ...patients get their day back... ...to be with... ... family... ...or just to sleep in. strong chemo can put you at risk of serious infection. in a key study... ...neulasta reduced the risk of infection from 17%... ...to 1%... ...a 94% decrease. neulasta onpro is designed to deliver... ...neulasta the day after chemo... ...and is used by most patients today. neulasta is for certain cancer pati

derick almena and max harris each face 36 counts of involuntary manslaughter for the 36 lives that were lost in the december 2016 ghost ship warehouse fire in oakland. with only one alternate juror left, there is a looming problem of vacations. the judge said one juror indicated they have a vacation from september 9th to 18th and one is unavailable from september 19th to october 5th. at the judge goes along with those scheduling conflicts, that would leave six days of deliberation in the entire month of september. the judge of course does not want to declare a mistrial in the case but it does remain a possibility with only one alternate juror left and as you heard those vacation issues yet to be resolved. deliberations resume tomorrow morning and at the same time the judge will be meeting with attorneys to discuss a motion that was filed by harris' attorney in a closed session and that motion is sealed so we don't know what it contains. reporting live in oakland, i'm leslie brinkley, abc 7 news. >> thank you. to find out when the jury reaches a verdict, download the news app. >>> abc 7

>>but what happens with derick almena he remains behind bars at the santa rita jail this morning kron four's will tran actually there right now with more on what's next for al manar moving forward will. he will be behind bars at least until october 4th that's when he'll be back before a judge and at that time his attorneys will work with prosecutors. >>and they will here what prosecutors have to say they will have to make a decision do we retry this case or drop it altogether if that happens that means alameda will walk free and then going says society and he will no longer spend any time in jail but he is back here, max harris left about 12 hours ago. amina was charged with 36 counts of involuntary manslaughter, according to prosecutors. he was the master tenant at the oakland warehouse and therefore he should be responsible for this, but because there was a mistrial now everything is up in the air. prosecutors will spend now until october 4th to review the case what they did right what they did wrong and then ultimately go before a judge to tell the judge and al manus attorney what

we don't know what's going to happen, but we will know october for us so that derick almena will stay here until that time his defense attorneys are trying to hope. >>to have and make bail but they don't think that's possible. but we do know that he's back here after being shuttled back and forth for 5 months during this trial. had he been convicted he would have had to spend 39 years in prison for the 36 people who were killed in the oakland warehouse fire. but because there's a there's a couple of steps, one on october 4th that prosecutors could tell the judge and his attorneys. yes, we want to do this all all over again, or 2 we could drop this all together and everybody moves on with their lives. you would think that his defense attorneys would at least breathe a sigh relief said they did not come back with a guilty verdict. if you thought that you would be wrong. >>and be icon to mention the prospect that it would have. but not 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. i'm frustrated god dammit we w

>>it's not over for derick almena he remains behind bars in the santa rita jail this morning be a pro force will tran following that part of the story actually joins us from a dublin now will. >>he will be in jail at least until october 4th unless he is granted bail which is a defense attorneys say they will try to ask but they know probably the judge will not grant that so he'll be here for at least the next 3 weeks or so he'll be back before a judge on october 4th along with the prosecutors and defense team. at that time prosecutors will tell everybody what they plan to do. no one james darya no one is happy with the mistrial prosecutors didn't get their guilty verdict. defense attorneys did not get a not guilty. so everything is still up in the air prosecutors have now until then to decide what they did right what they did wrong whether or not they want to move ahead with a second trial or drop everything and everybody moves on with their lives which means derick almena will be a free man after october 4th in the meantime many people very upset including the defense attorney. you w