derick almena and max harris will stand trial on 36 counts of manslaughter.hat's one count for each victim in the fire a year ago. good evening, i'm heather holmes. >> i'm ken wayne. frank and julie are off tonight. let's get straight to ktvu's henry lee. he was in the courtroom when the ruling came down. >>> reporter: judge horner says there's very strong evidence to hold derick almena and max harris over for trial. he said the two men are criminally liable for what he called an unspeakable tragedy. today in court family wept as the prosecutor read the names of 36 victims one by one during the preliminary hearing for the deadly ghost ship fire in oakland. prosecutors said derick almena was essentially the landlord of the ghost ship warehouse and that max harris acted as his property manager. the judge agreed with that and said the two must stand trial on 36 counts of involuntary manslaughter for each victim. defense attorneys said they fully expected the judge's ruling but argue if the city of oakland and the warehouse owner chor ng bear responsibility for t

ghost ship founder derick almena and tenant max harris charged with 36 counts of manslaughter. they both pleaded not guilty. prosecutors say they created a fire hazard that led to the deadliest fire in oakland's history on december 2nd, 2016. 36 people died when flames trapped everyone who was attending a dance party on the second floor of the fruitvale warehouse. 36 people did not make it out. over the weekend a vigil marking the one-year anniversary was held at the warehouse. people brought notes and flowers. one mother who lost her son visited the site for the first time. >> it was just so hard, just the idea.

prosecutors said derick almena was essentially the landlord of the ghost ship warehouse and that max harris acted as his property manager. the judge agreed with that and said the two must stand trial on 36 counts of involuntary manslaughter for each victim. defense attorneys said they fully expected the judge's ruling but argue if the city of oakland and the warehouse owner chor ng bear responsibility for the tragedy. an attorney for the victims' families agrees but says almena and harris are also to blame. >> they believe that there was sufficient evidence of the guilt and responsibilitier these defendants for creating the ghost ship and making it, as the judge stated in his final words, called it a death trap. >> this was not a death trap. it was orderly. it was clean. it was wholesome. and in many, many respects, my client did everything humanly possible within his financial means to make it that way. >> in the context of a jury trial, we move out of this hearing, full steam ahead, very encouraged by what we saw. we are confident we can prevail with a jury. >> reporter: both men will ret

(catherine) derick al- menna and max harris face 36 counts of manslaughter in the deadly fire at theakland warehouse. as kron four's terisa estacio reports, the first person on the stand today talked about seeing the flames erupt inside the ghost ship that fatal night. this is aaron marin entering into an alameda county courtroom to take the stand as the first witness in the preliminary hearing against derick almena and max harris - the two defendents charged in the ghost ship fire on 36 counts of involuntary manslaughter. marin also testified that earlier before the party started on dec. 2 2016 - dj's had put up equipment including a big bubbly contraption that was used to show video during the music party. that contraption - he said blocked the staircase and when the flames intensified, it prevented party goers from escaping down the stairwell. some family members of those who lost loved ones fought back tears during marin's testimony. defense attorney tony serra outside of court says the prosecutors' witness helps their case - that their clients are not guilty in causing the death

derek almena and max harris are facing 36- counts of involuntary manslaughter. as kron4's terisa estacio reports... prosecutors argued the defendants created the conditions ... that led to the fire.fire.that led to the conditions ... created the defendants argued the prosecutors reports... terisa estacio as kron4's manslaughter.involuntary counts of facing 36- max harris are almena and derek fire.warehouse fire. derek almena and facing 36- counts of manslaughter.terisa estacio reports... argued the defendants created the conditions ... that led to the fire. certainly a contentious day in court. although there are 2 defendents there are nine lawyers - butting heads about who should be held accountable for the deadly fire. (estacio reporting)serra. we look forward to fighting this in courtthis comes after firery reaction to testimony in court thursdaycurtis briggs, what you have seen in two weeks, indictment not on my client max harris, or derick almena but the city of oaklanda defiant end following two weeks of grueling and often graphic testimony on whether defe

derek almena and max harris are facing 36- counts of involuntary manslaughter.on4's terisa estacio reports... prosecutors argued the defendants created the conditions ... that led to the fire. it was certainly a contentious day in court. although there are 2 defendents there are nine lawyers - butting heads and arguing about who should be held accountable for the deadly fire. (estacio reporting)(estacio reporting) serra. we look forward to fighting this in courtthis comes after firery reaction to testimony in court thursday curtis briggs, what you have seen in two weeks, indictment not on my client max harris, or derick almena but the city of oaklanda defiant end following two weeks of grueling and often graphic testimony on whether defendants max harris and derick almena should stand trial in the deaths of 36 people who perished in the ghost ship fire. for david gregory, who's daughter michaela died in the arms of her long time boyfriend alex vega in fire, it has been a very tough two weeks david gregory, daughter died in the blaze.gregory talked exclusively to

indictment on max harris ... not an indictment on derick ... it's an indictment on the city of oakland. you're seeing a note from today's testimony it is the landlord's primary responsibility for uptaining permits and licensing>(james) the judge says there was enough evidence for the men to stand trial next year. ( darya ) another big story we are following... he was acquitted of the murder of kate steinle... now... jose garcia zarate is seeking a new trial on his conviction for illegal gun possession. defense attorneys claim the judge failed to properly instruct members of the jury. the defense team says the jury should have considered that garcia zarate didn't know he was holding a gun. the conviction carries a maximum sentence of maximum carries a conviction carries a maximum sentence of three years. garcia zarate's sentencing is set for january ( darya ) happening today... two of the people charged with the murder of an elderly san jose woman will be in court. zachary cuen and johnny brown are charged in the death of flo douglas also known

curtis briggs, atty for max harris, ghost ship prelim.all of the defendents have been brave, they have stood up for the truth." (estacio - live) (grant) (catherine) a big story we're following tonight... one person has been killed and five others are injured -- after being poisoned by carbon dioxide. (grant) it happened in san francisco's bernal heights neigborhood early this morning. kron 4's lydia pantazes explains what caused the leak. it happened here in this home behind me.right now pge is looking at the water heater and the heater as a possible source of the carbon monoxide leak. at about 4:30 this morning, firefighters got a call of a carbon monoxide alarm going off.when they got here they found 4 people in the upstairs unit who were from carbon monoxide poisoning. when they entered the bottom floor, they found two people.a woman and a man.both suffered poisoning,firefighters performed cpr on the elderly man in the downstairs unit but he died at scene.we talked to a woman who lives in the upstairs unit about what happened.sarah rei

he wiped away tears as he testified against his friend max harris. he paid rent to him and he heard from many people harris hosted the party. but that answer was stricken from the record because of hearsay.>> we said all along the narrative in the press is wrong. the narrative is my client was second in command and he promoted the party. both of those are wrong. we are trying to dismantle those notions.>> reporter: the hearing will last five days. they plan to call 20 witnesses. at the end a judge will rule that there is enough evidence for the case to go to trial.>>> up next president trump chooses sides in jerusalem. the fears of violence after he reverses decades of u.s. foreign policy. details coming up.>>> a math problem for teachers in oakland. the mistake that led to panic after direct deposits were deleted out of their bank accounts. >>> trump signed a proclamation saying the u.s. officially recognizes jerusalem as the capital of israel. he also said the u.s. embassy will eventually move from tel aviv to jerusalem. it is controversial because

curtis briggs, atty for max harris, ghost ship prelim.ll of the defendents have been brave, they have stood up for the truth."(estacio - live) the case is going much slower then anticpated at times, defendant derick almena seemed agitated by the pace harris on the other hand seemed more relaxed then yesterday, when he appeared very nervous. court is off on friday the preliminary hearing continues on monday kron four news thursday...the quiet weather pattern continues across the san francisco bay area and central california coast this afternoon. an upper level ridge remains parked over the west coast, bringing plentiful sunshine and above normal afternoon highs region-wide. visible satellite imagery does show areas of smoke aloft over the central coast this afternoon as winds between 850 and 700 mb (approx 5,000 to 10,000 ft msl) have a southerly component. high temperatures this afternoon will max out in the 60s and 70s across the region with some areas in interior monterey county approaching 80 degrees. this equates to about 6 to 12 degr

"derick almena and max harris.ng created a fire threat, the inadequately prevented an escape, filled the area with human beings and now they are facing consequences of actions." > derrick almena accused of renting out space in the illegally converted wharehouse... max harris - accused of organizing the dance party the night of the fire. both facing 36 counts of involuntary manslaughter. ( marty ) last month the city of oakland released a 17 page report.. detailing changes they have made since the ghost shop fire. it included doubling the number of fire code inspectors and significantly increasing code inspection staff. (marty) president trump's former national security adviser michael flynn booed after admitting to lying about his contacts with the kremlin. flynn is reportedly naming names in the investigation into russian meddling in the 2016 election. you're looking at video of flynn leaving his son's house after the guilty plea. in making the deal, flynn takes a reduced charge with the expectation

curtis briggs, atty for max harris, ghost ship prelim.efendents have been brave, they have stood up for the truth." terisa estacio kron 4 news (robin) court is off today. the preliminary hearing continues on monday. (robin) we have new video from san francisco police ... showing a police shooting last week ... that killed an áunarmed man. police had initially received a report of of a robbery and car jacking on 23rd street. they say the suspect, keita o'neil, grabbed a set of keys from the victim, and drove off with the vehicle ... which was a state lottery van. police were able to locate the suspect drving on highway 1-0-1. investigators say the van exited the freeway in the city... the van slowed down ... o'neil jumped out ... and ran toward a marked s-f-p-d vehicle. the officer in the passenger seat shot o'neil. he later died at the hospital. the officer who fired had activated his body cam. the officer in the drivers seat had not.the case is under investigation. (robin) parents at an east bay elementary school are worried that the sch

to live at the ghost ship warehouse, derick almena and massa drive, will stand trial for -- and max harris will stand several counts for manslaughter. a lawyer for the families of 12 ghost ship warehouse victims says this is the outcome her clients were hoping for. >> i thought the evidence was overwhelming. >> reporter: today a judge agreed, concluding that master tenant derick almena and a dj who lived at the warehouse, max harris, should stand trial. there's sufficient cause that both defendants are legally responsible for what happened that night and the deaths of 36 people, the judge said. >> they were running the place. they built the place. there was so much in there that was a tinderbox. >> reporter: judge horner called the warehouse a death trap. >> this was not a death trap. it was orderly. it was clean. it was wholesome. >> reporter: derick almena's defense attorney blamed the owner of the property and the city of oakland for the fire. in a courtroom today, officials testified the fire was likely electrical. >> derick almena and harris contributed to this terrible setup of the e

has been pointed in many directions, only two people face criminal charges so far (pam) tenant max harrismaster tenant derick almena. kron 4's dan kerman sat down with almena at the santa rita jail today, for his take on the fire and the charges. pkgfor the better part of an hour tuesday, ghost ship warehouse master tenant derick almena spoke with kron 4 news about the fire and the charges he faces.ááásot derick almena/charged with involuntary manslaughter 10-20 i want them to throw the case out, i want to go into court tomorrow and have the judge say this is ridiculous. we have all these other forces , all these people that know code and know planning and know all the law that were in and out of there that lied to the world.almena maintains he is being scapegoated when in fact his landlords gave him the ok to build rooms and have people over. he also says oakland police officers, firefighters and child protective services were in and out of the warehouse numerous times with little complaintsotthe fire department and the police department would come by all the time, they would walk throug

judge agreed, concluding that master tenant derick almena and a deejay who lived at the warehouse max harris stand trial. there is sufficient cause to believe both defendants are legally responsible for what happened that night and the deaths of 36 people, the judge said. >> they were running the place. they built the place. there was so much in there that was a tinderbox. >> reporter: judge horner called the warehouse a death trap. >> this was not a death trap. it was orderly. it was clean. it was wholesome. >> reporter: almena and harris' defense attorneys blamed the owner of the property and the city of oakland for the fire. in the courtroom today, a fire official testified that the fire was likely electrical. >> almena and harris contributed to this terrible setup of the electrical system. >> reporter: but investigators were never able to pinpoint an exact cause. defense attorneys say that fact alone could work in almena and harris' favor. >> it could have been a candle. they don't know what it was. we are open to culpability. they can't tell us. >> reporter: both men will be in court in

the two men facing charges in the deadly ghost ship warehouse fire will be in court.( darya ) max harriserick almena face 36 counts of involuntary manslaughter. that's one count for each victim.( james ) kron 4's dan kerman sat down with almena at the santa rita jail. it is an interview you will see only on kron 4. i've been here 6 monthsghost ship warehouse master tenant derick almena is in protective custody at the santa rita jail, meaning he is alone 23 hours a day. it's given him a lot of time to think about the fire and the multiple counts of involuntary manslaughter he is facing sot of course i'm being scapegoated almena is frustrated and angry. he says almost from the time he rented the place in late 2013, he had numerous visits from oakland police officers, firefighters, and even child protective services who said nothing negative about the space. ááásot derick almena/charged with involuntary manslaughter 34-44if you're going to hold me responsible i want the fire department , the police the landlords, my kids school teachers who had parties inside my space and knew we were livin

curtis briggs, what you have seen in two weeks, indictment not on my client max harris, or derick almena but the city of oakland a defiant end following two weeks of grueling and often graphic testimony on whether defendants max harris and derick almena should stand trial in the deaths of 36 people who perished in the ghost ship fire. for david gregory, who's daughter michaela died in the arms of her long time vega in fire, it has been a very tough two weeks david gregory, daughter died in the blaze. gregory talked exclusively to kron four news on this last dayof the preliminary hearing. gregory. there is enough, they were the ones place. this man - oakland fire marshall miguel trujillo was the last witness to testify, on the stand he admitted- the city never inspected the warehouse, since being built in 1930, despite the changes in which would have mandated as fire and smoke alarms. also, on the night of the party on was not a such a large gathering - was a permit, then it would a property to have lighted other safety issues. truijullo also added, city and infers that not only an owner,

the master tenant derick almena and max harris are charged with involuntarily manslaughter. 36 people died in that fire last december. during yesterday's preliminary hearing, atf agent whitney hammoth testified that he described himself as the warehouse's creative director. according to the agent, harris told her his function was to make sure that the, quote, ship kept sailing and because of his leadership role, harris stopped paying rent. defense lawyers haven't called any witnesses in this preliminary hearing but say they whittled away at the d.a.'s case. >> we were successful complete at changing the narrative as far as whether max harris was second in command, he was not. whether he promoted the party. he didn't. whether he blocked an exit, he didn't. >> also on the witness stand, the assistant fire marshal who confirmed that investigators weren't able to determine the cause of the fire but suspect it was electrical in nature. that preliminary hearing is expected to wrap up today. >>> senator dianne feinstein is asking the head of immigration and customs enforcement to look into s

prosecutors said derick almena was essentially the landlord of the ghost ship warehouse and that max harris acted as his property manager. the judge agreed with that and said the two must stand trial on 36 counts of involuntary manslaughter for each victim. defense attorneys said they fully expected the judge's ruling but argue if the city of oakland and the warehouse owner chor ng bear responsibility for the tragedy. an attorney for the victims' families agrees but says almena and harris are also to blame. >> they believe that there was sufficient evidence of the guilty and responsibility of these defendants for creating the ghost ship, and making it, as the judge stated in his final words, called it a death trap. >> this was not a death trap. it was orderly. it was clean. it was wholesome. and in many, many respects, my client did everything humanly possible within his financial means to make it that way. >> in the context of a jury trial, we move out of this hearing, full steam ahead, very encouraged by what we saw. we are confident we can prevail with a jury. >> reporter: both men will

he cried as he testified against his friend max harris. d rent to harris and that he heard from many people that harris hosted the party the night of the fire but that answer was stricken from the record because of hearsay. >> we said all along that the narrative in the press and that the district attorney has had is wrong. the narrative is my client was second in command and he promoted the party. that's wrong and we are trying to dismantle those notions. >> reporter: frank and julie, hearing is expected to last about five days. the d.a. plans to call about 20 witnesses and at the end a judge will rule if there's enough evidence for the case to go to trial. live in the newsroom, henry lee, ktvu fox 2 news. >> what were derick almena and max harris like in court today? >> reporter: you know, they both had their red jailhouse jumpsuits on, no visible emotion but clearly mr. avalos was very upset. he wiped his eyes repeatedly, very clearly shaken still a year after the fire. >> were the families of any of the victims in court? >> reporter: ye

that is not how the defense for max harris and derick almena see it.tony serra. they are not responsible.tyler smith. the owner, the owner is the one responsible. (pam) the attorney's for jose garcia zarate are looking for a new trial ... as his sentencing day approaches. zarate was aquitted of all murder aquitted of all zarate was approaches.day his sentencing new trial ... as looking for a zarate are jose garcia zarate are jose garcia attorney's for the (pam) responsible. is the one owner, the owner is the one responsible. responsible. is the one owner, the owner is the one responsible. (pam) the attorney's for jose garcia zarate are looking for a new trial ... as his sentencing day approaches. zarate was aquitted of all murder charges in the death of kate steinle in san francisco. though he was convicted of being a felon in possession of a firearm. that state conviction carries a maximum sentence of three- years in jail. but now his lawyers say, he did not hold the gun long enough... to warrant a firearm possession conviction... and they are now looking for a

the case against max harris and derick almena is expected to last 5 days with witnesses...ers testifying. harris and almena face 36 counts of involuntary manslaughter. the hearing is expected to resume on wednesday. (darya) in the east bay... investigators are trying to figure out what caused a deadly house fire. it happened in alameda just before six in the morning yesterday. this is video of the aftermath. when firefighters arrived on eagle avenue... neighbors said, the man who lived there might still be inside. as crews put out the fire, they found his body. no word yet on the identity of the person killed. ( darya ) in the south bay... police have arrested 18 people they say are connected to an insurance fraud ring... and they are still looking for four more people. these are the suspects in custody. all are accused of staging crashes -- and collecting more than 200- thousand dollars in insurance money. the arrests are part of a two -year investigation by staff from the c-h-p and santa clara county district attorney's office. investigators say these two brothers -- ange

derek almena and max harris face 36 counts of involuntary manslaughter.ily members of those who died in the deadly blaze are remembering their loved ones more than ever as this saturday marked the one year anniversary of the fire. as kron four's terisa estacio reports, three moms appeared in court today lending each other support during this tough time. an emotional sight as these mothers - whos children all died in the ghost ship fire shared a moment. this monday was supposed to be the beginning of the preliminary hearing for the two defendents derick almena and max harris both charged with 36 counts of involuntary manslaughter. prosecutors allege the two caused the deaths with their negligence officials say there were no fire sprinklers, or extinguishers, a staircase built without a permit. many of those attending the party got trapped on the second floor and couldn't get out the preliinary hearing is expected to last 5 days with witnesses testifying about the conditons inside during the party. mary vega's son alex - died in the blaze. on saturday, she

hearing prosecutors are calling witnesses and presenting evidence against derick al-men-uh and max harris for a judge to decide whether they should stand trial. the two face 36 counts of manslaughter in the deadly warehouse fire. one witness described the space as cluttered with musical instruments and carpets. others were emotional as they recalled the night the fire broke out. the preliminary hearing continues tomorrow. (steve) new at 8 more of our one on one interview with one of the defendants in that case.(catherine) yesterday - the master tenant of the warehouse - derick al-menna - talked about how he believed he was being railroaded by the prosecution. kron 4's dan kerman sat down with him yesterday at the santa rita jail. dan joins us now with part 2 of that interview....dan? (dan)in part 2 of our story derick almena talks to us about his family and what if any responsibility he has for what happened at the ghost ship warehouse. ghost ship warehouse master tenant derick almena has been locked up in the santa rita jail for 6 months following last year's deadly fire. almena believes

blame has been pointed in many directions, only two people face criminal charges so far tenant max harris, and master tenant derick almena. (steve) kron 4's dan kerman sat down with almena at the santa rita jail today to for his take on the fire and the charges. sot i've been here 6 months ghost ship warehouse master tenant derick almena is in protective custody at the santa rita jail, meaning he is alone 23 hours a day. it's given him a lot of time to think about the fire and the multiple counts of involuntary manslaughter he is facing sot of course i'm being scapegoated almena is frustrated and angry. he says almost from the time he rented the place in late 2013, he had numerous visits from oakland police officers, firefighters, and even child protective services who said nothing negative about the space. ááásot derick almena/charged with involuntary manslaughter 34-44if you're going to hold me responsible i want the fire department , the police the landlords, my kids school teachers who had parties inside my space and knew we were living there and one of the teachers husbands was a fir

the place as safe for my children as i did for your children.standup dan kerman 140-150almena and max harris face 36 counts of involuntary manslaughter. the preliminary hearing is expected to run at least through next week. dan kerman kron 4 news. a strong ridge of high pressure is forecast to persist over the west coast through the next two weeks. as a result, a slight warming trend is forecast through late this week with dry weather conditions and above average temperatures. clear sky conditions will result in cool overnights and mostly sunny afternoons through the forecast period. (steve) coming up new at ten:there is a new push to east traffic congestion around the bay area.. and it involves building a brand new bridge. (catherine) then - a warning about these vicious dogs...tonight - police need your help to trackdown the owner of two pit bulls that mauled a small dog to death... (steve) and next:hear from an alternate jurror on the kate steinle murder trial... why he's defending the controversial ánotá guilty verdict. another big story tonight:there's been a lot of anger and confusion

this past saturday marked the one year anniversary of the ghost ship fire max harris' attorney says hell in mourning. curtis briggs. he is sorry and feels their loss. for alex vega's family, there is also this although he is seeking justice for his brother's death he and his family want an apology. mary vega. we want an apology. kron four reached out to the mayor who's spokesperson sent us this statement, quote, "the mayor continues to extend her deepest condolences to all families who lost loved ones, and all those who continue to struggle. this tragedy lives with all oaklanders, and we are all working each day to make our city safer." in oakland, te (steve) the santa clara county district attorny's office .... is responding to brock turner filing an appeal, over his sexual assault conviction. he is the former stanford university swimmer.... who assaulted an unconscious woman on campus back in 20-15. the d-a says:"brock turner received a fair trial and was justly convicted. his conviction will be upheld. nothing can ever roll back emily doe's legacy of raising the world's awareness ab

this past saturday marked the one year anniversary of the ghost ship fire max harris' attorney says heill in mourning. curtis briggs. he is sorry and feels their loss. for alex vega's family, there is also this although he is seeking justice for his brother's death he and his family want an apology. mary vega. we want an apology. kron four reached out to the mayor who's spokesperson sent us this statement, quote, "the mayor continues to extend her deepest condolences to all families who lost loved ones, and all those who continue to struggle. this tragedy lives with all oaklanders, and we are all working each day to make our city safer." in oakland, te (steve) now to our four zone forecast. you're looking live at the golden gate bridge.(pam) kron-4's chief meteorologist brittney shipp joins us with a look ahead (steve) in the south bay there is a new push for the construction of so-called 'tiny homes' to house the homeless. kron four's, rob fladeboe shows you a couple of ideas which are now under consideration by the city of san jose. san jose city officials joined the architectural de

derick almena and max harris are charged with 36 counts of involuntary manslaughter.son to testify yesterday was a man who was there the night of the fire. aaron marin testified that he first smelled smoke... and then he saw flames shooting up. ( darya ) marin also testified that before the party started on december second... d-j's had put up equipment that blocked a staircase... trapping partygoers. ( james ) still ahead on the kron 4 morning news...dangerous dogs could be on the loose after killing a small dog and injuring its owner. we'll show you where these attacks happened. ( james ) plus... a man who works as a stage hand is arrested for allegedly touching children. we'll tell you where he worked. ( james ) and after the break...an alternate juror is speaking out about the kate steinle killing and the man who was found not guilty of murder. hear why he is defending the jury's ( rebecca ) and i am tracking your bay area forecast. live look at the fires rebecca:high pressure will keep clear and dry weather in place the rest of this week

aaron marin was the first witness in the preliminary hearing against derick almena and max harris - thetwo defendents charged with 36 counts of involuntary manslaughter. marin testified that he first smelled smoke... and then he saw flames shooting up. (sot) marin also testified that earlier before the party started on dec. 2 2016 - dj's had put up equipment including a big bubbly contraption that was used to show video during the music party. that contraption - he said blocked the staircase and when the flames intensified, it prevented party goers from escaping down the stairwell. the preliminaury hearing continues tomorrow. (catherine) tonight we are hearing more of our one on one interview with one of the defendants in that case. yesterday - the master tenant of the warehouse - derick al- menna - talked about how he believed he was being railroaded by the prosecution. kron 4's dan kerman sat down with him yesterday at the santa rita jail. here is part tw of that interview... this is what most of us think of when we hear of the ghost ship warehouse last years deadly fire that killed 3

"derick almena and max harris. knowing created a fire threat, the inadequately prevented an escape, filled the area with human beings and now they are facing consequences of actions." > derrick almena accused of renting out space in the illegally converted wharehouse... max harris - accused of organizing the dance party the night of the fire. both facing 36 counts of involuntary manslaughter. (steve) last month the city of oakland released a 17 page report.. detailing changes they have made since the ghost shop fire. it included doubling the number of fire code inspectors and significantly increase code inspection staff. coming up in about 30 minutes -- we will take a look back at the 36 people who lost their lives in the tragedy. (grant) developing tonight..the senate voting on the republicans' massive tax bill.. the battle over the senate g-o-p tax bill... hit a snag in the 11-th hour. retiring senator bob corker is withholding his vote --- after a new report by the joint committee on taxation estimates, the pack

that is not how the defense for max harris and derick almena see it. tony serra. they are not responsible. tyler smith. the owner, the owner is the one responsible. during closing - prosecutors aruged the fact there were no smoke alarms, makeshift stairs and a party of 50-70 people proves their conduct was criminal negligent and they deserve to be tried on the charges. the charges. to be tried on the charges. (vicki) the sentencing date for jose garcia zarate is set for january fifth...and his attorneys are looking for a new trial. he was acquitted of all murder charges in the death of kate steinle in san francisco. though he was convicted of being a felon in possession of a firearm. that state conviction carries a maximum sentence of three years in jail. but now his lawyers say he didn't hold the gun long enough to warrant a firearm possession conviction and they are now looking for a new trial. since the jury's ruling earlier this month, federal authorities have charged zarate. (vicki) coming up... it's the fifth anniversary of the deadly sandy hook elementary s

max harris acted as his property manager. the judge agreed and set the two should stand trial on 36 counts of involuntary manslaughter. one count for each victim. defense attorneys that they expected the ruling. they argue if the city of oakland and warehouse owner who bear responsibility for the tragedy. an attorney for the victims families that she agrees on those points. but they are also to blame.>> i believe there was sufficient evidence of the guilt and responsibility of the defendants for creating the goals ship. and making it as the judge stated in his final words called it a death trap.>> this was not a death trap. it was orderly and clean and wholesome. in many respects my client did everything humanly possible within his financial means to make it that way.>> the context of a jury trial we move out of this hearing. ahead. very encouraged by what we saw. we are confident we can prevail with a jury.>> reporter: they will return in january. the child might be a year away. the attorneys of max harris tried to get his b

derek almeida and max harris are charged with involuntary manslaughter in the case that killed 36 people during a music event. atf agent whitney payment testified during an interview with harris before his arrest he described himself as a warehouse creative director. according to the agent he told her that his function was to ensure the ship kept sailing. because of his leadership role harris stopped paying rent. attorneys have not called any witnesses in the preliminary hearing. they have whittled away at the district attorney's case.>> we were successful completely at changing the narrative as far as whether max harris was second in command. he was not. whether he blocked an exit.>> reporter: the hearing will wrap up tomorrow. the judge could decide if the case will go to trial.>>> public works crews carried out a promise to clean up homeless encampments. we were overhead as machinery was brought in to remove large structures. along with tents and debris as sixth and brush street. several people decided to move in to new temporary housing. that has been set up by the city and sheds nea

derek alman a and max harris has been charged with 36 counts of involuntary manslaughter in the fire last december. one count for each victim. derek alman's attorney said the testimony was a blow to the prosecution.>> i was delighted in that answer. everything else she said was -- the saddest thing was to see her start to cry. i don't know why the prosecution has to ask her about people who have been deceased.>> she testified she gave her rent money to harris and she never saw the landlords. she said they were hiding. we had to bring the money or else. defense attorneys say their clients are skateboard -- scapegoats. an investigation has been unable to determine the cause of the fire. the preliminary hearing will last several more days. a judge will decide whether there is enough evidence for a trial. >>> we are joined by mark -- michael cordova. what is a preliminary hearing? >> the district attorney only puts on evidence. the judge decides if he or she has a reasonable suspicion that a crime was committed. probable cause. that is such a low burden of proof it is almost tantamount t

luego de las audiencias preliminares si hay suficiente evidencia para enviar a derick almena y max harris la crcel... cada uno con 36 cargos por homicidio involuntario. ---niÑos que no pueden leer o escribir... esa, alega un nuevo litigio, es la situacion que aqueja a mas de una decena de distritos escolares de california.... ---"paola reyes" viajo a stockton donde padres se han unido para demandar al estado y es que las cifras son alarmantes.... ---esta es una historia que ver solo en noticiero telemundo 48... maricela sabe bien que la escuela van buren de stockton donde su hijo cursa el primer grado requiere ayuda urgente "si ocupa mycha ayufa...sobretodo" y es que en este vecindario, plagado por el crimen y la pobreza, la educacion dista de cumplir con los estandares del estado. "nuestra demanda es que estos niÑos.... la oportunidad...." samuel nunez de la organizacion de padres y familias de san joaquin, fue uno de los propulsores del litigio ... "para nosotros.... van a sufrir" la demanda acusa a california de no proporcionar los recursos suficientes para que los ninos de comunidades

(vicki) a judge is now considering whether derick almena and max harris should face a trial for causing the fatal fire. as kron four's terisa estacio reports, a mother and son took the stand today against the two. two.against the two. (vicki) coming up... there's a growing call for president trump to resign over allegations of sexual misconduct. hear from three women who came forward and detailed their stories today. (grant) another shooting on an east bay freeway. hear from concerned drivers who say they don't feel safe on heavily traveled stretch of roadway in the east bay. a violent shooting on a bay area freeway. the driver wasn't injured. but freeway shootings have become a disturbing trend in the bay. (vicki) and tonight that stretch of highway has motorists on edge. kron4's haaziq madyun shows where the shooting happened. it has happened again, another east bay freeway shooting on interstate-80sot/motorist california highway patrol investigators say the shooting happened sunday at around 1pm near the el portal exit

"derick almena and max harris.nowing created a fire threat, the inadequately prevented an escape, filled the area with human beings and now they are facing consequences of actions." > derrick almena accused of renting out space in the illegally converted wharehouse... max harris - accused of organizing the dance party the night of the fire. both facing 36 counts of involuntary manslaughter. (justine) coming up... a man loses his wedding ring nearly 50 years ago.... where it has been hiding all this time... coming upwe've been experiencing i huge number of vehicle burglaries and thefts . and that largely because an east bay police department takes to social media in an attempt to keep holiday shoppers safe and secure i'll explain in the next edition of people behaving badly - everything we stock at grocery outlet has crazy low prices. do you know how we do it? - how? - bargainomics! say, if california has a bumper crop and produces too many oranges. or a winemaker in sonoma suddenly has 1000 bottles too many. we've

he cried as he testified against his friend max harris. he said he paid rent to harris and that he heard from many people that harris hosted the party the night of the fire but that answer was stricken from the record because of hearsay. >> we said all along that the narrative in the press and that the district attorney has had is wrong. the narrative is my client was second in command and he promoted the party. that's wrong and we are trying to dismantle those notions. >> reporter: this hearing is expected to last about five days and the d.a. plans to call about 20 witnesses and at the end a judge will rule if there's enough evidence for the case to go to trial. in oakland, henry lee, ktvu fox 2 news. >> henry, some of the victims' families were in court? >> reporter: yes. they listened and some of them cried as they heard testimony and very emotional for everyone involved. >> henry lee in the newsroom tonight, thank you. >>> in southern california, the thomas fire continues to burn out of control. it's 65,000 acres so far. in 10 minutes w

brito described the defendant max harris's action that night as heroic. saying he ran toward the flames shouting fire. and personally helped least a dozen people escape out the front door. >> showing exactly what we've been seeing for the past six or seven months doing the investigation into discovery that there is nothing here to indicate the allegations that are being made against mr. harris. >> reporter: he and derick almena are charged with 36 counts of in voluntary manslaughter. p abc 7 news. >>> a suspect in a decade's old kidnapping makes a first court hearing. they capted kevin lynn in los angeles on friday and brought him back to the bay area to face justice early yesterday. lynn faces charges of abducting 9-year-old christine chew and holding her for ransom back in 1995. police found lynn after getting a tip that he applied for a u.s. passport. >> we're assisted by the fbi and lapd who played a big role in helping with this arrest and he took him into custody without incident. >> chew was found unharmed nine hours after being abducted. tey aband

prosecutors say derick almena and max harris created a fire hazard.rkforce. >>> number seven, national cookie day. several stores will have freebies including mrs. fields and cinnabon. >> cookie monster. >> you got that. >> sounds good, right? >> where is our plate? >> "gma" is talking about how meghan markle and prince harry kept things under wraps fo >>> good morning, america. the big chill. heavy snow moving in. icy roads sparking this deadly accident. now winter weather alerts spreading from the rockies to the northeast as a new storm is on the way, while bitter cold sweeps the country. temperatures plunging by 30 degrees. >>> breaking news in the russia investigation. president trump's team unveils a new argument saying he cannot be guilty of obstruction of justice. as the special counsel closes in on his inner circle, and a new message from billy bush, what he's saying about the president, his accusers and that infamous "access hollywood" tape. >> hi. >>> an abc news exclusive. study abroad nightmare. two american students allegedly assaulted by

master tenant derick almena and max harris are charged with 36 counts of involuntary manslaughter. >>> today san francisco mayor ed lee is expected to sign new recreational marijuana regulations into place. they will take effect 30 days from now. we are looking at friday, january 5th. >>> and sausalito ferry commuters will need another way in and out of the city today. golden gate ferry operations will be shut down. >>> and we continue to track delays for drivers heading along 101. you're taking a live look at candlestick. southbound direction on the right side of the screen heavy to sfo due to an earlier crash. still has a lane blocked. over at the bay bridge toll plaza, not a lot has changed. it's in the red and it's about 40 minutes into san francisco. speeds in the red all across the board. >>> a live look at our vaca camera ahead of sunrise and right now the coolest time of the day, 32 degrees right now in petaluma, novato 34. look at rohnert park 31. sonoma below freezing at 29. southern portions of santa rosa right now coming in at 29, guerneville 31. calm winds in the north ba

brito described the defendant max harris's action that night as heroic. saying he ran toward the flames shouting fire. and personally helped least a dozen people escape out the front door. >> showing exactly what we've been seeing for the past six or seven months doing the investigation into discovery that there is nothing here to indicate the allegations that are being made against mr. harris. >> reporter: he and derick almena are charged with 36 counts of in voluntary manslaughter. p abc 7 news. >>> a suspect in a decade's old kidnapping makes a first court hearing. they capted kevin lynn in los angeles on friday and brought him back to the bay area to face justice early yesterday. lynn faces charges of abducting 9-year-old christine chew and holding her for ransom back in 1995. police found lynn after getting a tip that he applied for a u.s. passport. >> we're assisted by the fbi and lapd who played a big role in helping with this arrest and he took him into custody without incident. >> chew was found unharmed nine hours after being abducted. tey aband

tenants derick almena and max harris each facing 36 counts of involuntary manslaughter. the judge is deciding whether there's enough evidence for the men to stand trial. a final decision could come today. this week, an oakland fire captain testified that all mena told him in september 2014 that no one was living inside the warehouse. >>> prosecutors have charged a foster city man in connection with a deadly crash at the bay bridge toll plaza. 32-year-old daniel burke has been charged with gross vehicular manslaughter and felony dui. police say he was behind the wheel of a box truck that slammed into a tollbooth this month. a 46-year-old woman was killed. >>> city workers in oakland are back on the job after the suspension of their week long strike. but some of them face big challenges with the homeless population. jessica flores joins us live from oakland to explain. >> reporter: the city and the union are back at the negotiating table currently in mediation. one of the things you're going to see changing in the city is actually clean-up of some of those homeless encampm

((steve))max harris and derick almena face 36 counts of involuntary manslaughter kron 4's dan kerman down with almena at the santa rita jail today to for his take on the fire and the charges. i've been here 6 monthsghost ship warehouse master tenant derick almena is in protective custody at the santa rita jail, meaning he is alone 23 hours a day. it's given him a lot of time to think about the fire and the multiple counts of involuntary manslaughter he is facing sot of course i'm being scapegoated almena is frustrated and angry. he says almost from the time he rented the place in late 2013, he had numerous visits from oakland police officers, firefighters, and even child protective services who said nothing negative about the space. ááásot derick almena/charged with involuntary manslaughter 34-44if you're going to hold me responsible i want the fire department , the police the landlords, my kids school teachers who had parties inside my space and knew we were living there and one of the teachers husbands was a firefitghter who said this is a great space this is awesome. almena mainta

so again, we do expect a ruling by the judge tomorrow as to whether derick almena and max harris will stand trial. >> thank you. if he does rule there should be a trial, how soon could it be before that starts. >> reporter: at least six months to a year possibly for scheduling purposes. >> thank you. >>> new at 6:00 tonight police with the foothill de anza college district in cupertino announced the arrest of two drug suspects and released photos. it's a representative of the methamphetamine and marijuana taken during the bust. police say one suspect was taken into custody earlier this month. and the second suspect was arrested just yesterday afternoon on campus. police say that the drug suspects are not students. >>> surprising moments today at the alameda county courthouse in oakland put on lockdown after a man left a backpack outside a building and got into an altercation with sheriff's deputies who confronted him. streets around the courthouse at 12th and oak streets were blocked off around 10:30 this morning. the man doesn't appear to be connected to two firebombing incidents at

. >>> the preliminary hearing for derek almena and max harris, ghost ship, was set to start but delayed until wednesday. this legal process is very important to the families of the victims. >> feels like it happened yesterday. >> reporter: a mother looking for that first step, she says, in the path toward closure. one year since mary vega's son alex and his girlfriend michela died along with others in the fire. trial was set to begin but delayed for a couple of days. >> i want somebody to say i did it, i'm sorry, it's not going to happen but i -- i just want closure. >> something needs to happen from this. can't just let it go. >> reporter: almena and harris both charged. >> disappointed they decided to go criminal. >> reporter: lead attorney for almena. >> it's like posttrauma syndrome touching the case. pain and suffering. victims were beautiful, wonderful people. my client respects that. >> almena may have set up ghost ship but harris called right-hand man and allegedly put speakers blocking potentially life-saving exit. >> want to erode that perception he was second in command to gh

max harris... are charged with involuntary manslaughter. they face 36 counts each... one for each death. du >>> they face 36 counts each. the judge will hear evidence and whether they will stand trial. investigators who survived the fire are expected to testify. >>> an elderly man is killed after becoming trapped inside a burning home. chopper 5 was over there in eagle avenue. the fire started in the basement around 6:00 a.m.. once the fire was under control crews enter the home, they found the victim inside the home. the cause of the fire is under investigation. >>> still no estimate on one crews will repair the tollbooth that was crashed -- smashed. cows are moving smoothly in the area a rented box truck slammed into a long -- line of cars. the impact killed a worker. the driver of the truck and one of his passengers were taken to the hospital. police say that one man -- the driver faces charges. told workers have never experienced anything like this before >> it has been very difficult for everybody. standard procedures to bright -- provide grief counseling. >> the

the former lease holder and former tenent max harris are charged with 36 counts of manslaughter. one described the conditions of the building as a death trap and another that it was not up to city code. the hearing is expected to last all week. >>> the mayor of san francisco died suddenly at the age of 65. a statement from mayor ed lee's office after he passed away at 1:00 this morning. lee was a civil rights lawyer that became the san francisco city administrator before taking over as mayor in 2011 and supported san francisco's sanctuary city policy towards immigrants. >>> crypto currencies is sweeping south korea and the demand is so high they are paying 26% more for so-called bit coins. at least a million people buy and sell with bit coin and accounted for one-fifth of all bit coin trades around the world. >> and they worry it's corrupting the youth with investors going all in. >>> and why a doctor thinks you should think twice before having what one calls the man flu. >> what is that? >> we'll explain. >>> and aaa tests the benefits of the more expensive fuel when come back.