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Max Harris was acquitted and Derick Almena’s case ended in a hung jury.
As the verdicts were read, there were noticeable gasps and tears from relatives and friends of those who died, CNN affiliate KPIX reported.
Prosecutors alleged Almena, the leaseholder, and Harris, who helped collect rent and acted as creative director for the art collective housed at the 10,000-square-foot facility, were responsible for the deaths resulting from the blaze.
“We are eternally grateful for the verdict today,” said Curtis Briggs, an attorney for Harris. Briggs thanked the jury and the community in a press briefing.
Briggs criticized the leadership in Oakland, urging reform.
“This isn’t a time to celebrate for Max Harris, because this community is sick. This community is sick because the leadership is sick,” Briggs said.
Almena’s attorney, Tony Serra, said he was “distressed” by the hung jury. According to KGO, the jury was 10-2 in favor of conviction but could not break the deadlock. “In the next trial, we will do better,” Serra said. “It may hang again, it may be acquitted, but we’re not going to lose,” he added.
Almena and Harris faced up to 39 years in prison if the nine-woman, three-man jury found them guilty on all counts. Their trial began in May and deliberations began last month.
It was one of the deadliest nightclub fires in US history and the deadliest American nightclub fire since The Station in West Warwick, Rhode Island, erupted in flames in 2003.
They also held music parties there. The fire came during one such event — an electronic dance party on December 2, 2016. Three dozen people died because they could not escape the building. One of the warehouse’s exits had been blocked, and the building was missing important safety features, such as fire alarms, marked exits and sprinklers, according to authorities.
District Attorney Chief Assistant Kevin Dunleavy said Thursday the office will evaluate what do next regarding Almena. “Our hearts have been with the families of the 36 victims that died in this unspeakable tragedy; that still remains our focus and that will be our focus going forward,” he said.
A hearing for Almena has been scheduled for October 4.
Plea deal tossed
One of Almena’s attorneys, Tony Serra, told reporters that the plea “was an act of ethics and morality” rather than a raw admission of guilt.
Previously, Almena had told an NBC morning show that he was “incredibly sorry,” while his attorneys had said the charges were a miscarriage of justice and an “attempt to make a scapegoat out of our client.”
Defense lawyers tried to convince Cramer to reinstate it, but the judge — who made his decision after hearing two days of testimony from grieving families — would not budge, the station reported.
At least one family member had expressed disappointment with the deal, saying that while victims’ loved ones wanted to hear the men concede culpability, the proposed sentences felt insufficient.
“We just wanted some justice, just not to be two years or four years with time served,” said David Gregory, who lost his daughter, Michela, in the fire. “We don’t feel that, in our opinion, that was fair justice.”
The men also face civil lawsuits.
CNN’s Darran Simon and Augie Martin contributed to this report.
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