On December 2, 2016, at about 11:20 p.m. PST, a fire started in a former warehouse that had been unlawfully converted into an artist collective with living spaces (named the Ghost Ship) in Oakland, California, which was hosting a concert with 80–100 attendees.
The Alameda County district attorney's office launched an investigation into the fire's causes, and in 2017 charged Almena and his assistant Max Harris with felony involuntary manslaughter.
[23] They stated in the lease agreement that the property would be used as an artist collective "to build and create theatrical sets and offer workshops for community outreach.
Almena instructed resident members of the collective, informally called Satya Yuga,[29] to tell others that the warehouse was a 24-hour art studio and to not divulge that they lived there.
[34][35] Living spaces on the first floor were connected by makeshift hallways constructed of "aggregates of salvaged and scavenged materials, such as pianos, organs, windows, wood benches, lumber, and innumerable other items stacked next to and on top of each other."
The live-work spaces were separated by objects such as "wooden studs, steel beams, doors, window frames, bed frames, railings, pianos, benches, chairs, intact motorhomes and trailers, portions of trailers, corrugated metal sheeting, tapestries, plywood, sculptures, tree stumps and tree limbs.
[39] The Oakland Planning and Building Department opened an investigation on November 13, 2016 based on a complaint about "blight" and "illegal interior construction.
[41] A spokesperson for the Planning and Building Department stated that promoters of events such as the December 2 concert are required to obtain a special permit, but none had been issued.
"[50] On the night of December 2, Harris hosted an electronic-music concert featuring performers from house music record label 100% Silk[51] and other independent musicians.
Chief James Bowron learned that as many as 60 people might still be inside, but given the intensity of the fire and smoke, he believed that any survivors would be found during the firemen's initial entry into the building.
[41] An early report blamed the fire on a faulty refrigerator,[63] but this cause was rejected by agents from the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE).
[3] In public remarks on January 23, 2017, Almena's lawyers claimed that the fire originated in a building adjacent to the warehouse and that he should not be held responsible.
[1] On March 14, 2017, Oakland Fire Department chief Teresa Deloach Reed retired amidst questions about inspection procedures and management.
[69] The Alameda County lead prosecutor in charge of the investigation had been requesting the fire department's report for several weeks when he finally received a copy on March 17.
Sentencing was set for August 9, 2018, but the following day, the judge rejected the plea deals, stating that Almena failed to accept "full responsibility and remorse."
[73] During the preliminary hearings, building owner Chor Ng was questioned but invoked her Fifth Amendment right to avoid testifying and possibly incriminating herself.
"[54] Almena and Harris faced penalties ranging from probation to 36 years in prison if a jury trial resulted in a guilty verdict for criminal negligence.
Nicholas Bouchard claimed to have become concerned about the modifications to the building that Almena had made, including a 20-by-20-foot (6.1 m × 6.1 m) hole in the second floor, and distanced himself from the project.
[10] Almena was asked during his testimony if he had obtained legal permits for the kitchen that he had installed, a side door, the plumbing, electrical work or the stairs in the front of the building.
[83] Harris testified that the title of executive director that he sometimes used was inflated and an attempt to "add authority to his emails to landlords and event planners."
However, during his testimony, the prosecution showed that Harris communicated about rent with the landlords, negotiated terms and evictions with other tenants and was the primary contact for the group who presented the concert and party on the night of the fire.
[89] On January 22, 2021, Almena pled guilty to 36 charges of involuntary manslaughter (one for each person killed in the fire) as part of a plea deal by which he would serve between 9 and 12 years in prison.
[92] Numerous lawsuits related to the fire have been filed by 80 plaintiffs, naming 100% Silk, Pacific Gas and Electric Company, Ben Cannon, Derick Ion Almena, Max Harris, Chor Nar Siu Ng, the city of Oakland, Alameda County and the state of California,[93] and were subsequently consolidated.
If held liable, PG&E would be required to pay the plaintiffs from its $900 million of insurance money, although not from the $13.5 billion allotted for the claims arising from recent wildfires.
[106] On December 3, 2016, the record label 100% Silk posted on their Facebook page: "What happened in Oakland is an unbelievable tragedy, a nightmare scenario.
[113][114] Local residents, including artists and tenants' rights activists, have cited the fire as a symptom of the San Francisco Bay Area's underlying housing crisis.
[117] On December 6, 2016, Mayor Libby Schaaf announced $1.7 million in grant funding to create affordable spaces for artists and arts organizations.
Other performers included opening act Geographer, Dan Deacon, Tycho, Conspiracy of Beards, Rogue Wave, Fantastic Negrito, The Coup, Thao Nguyen, Hieroglyphics, and headliners Primus.
The Happy Land fire also involved controversial operations of the structure, and suffered from similar conditions including lack of emergency exits and poor maintenance.
[122] In June 2017, local artist Chris Edwards built a boat sculpture in memory of Ghost Ship and installed it in the nearby Emeryville harbor.