OAKLAND, Calif. (CBS) — City and state officials fielded years of complaints about dangerous conditions, drugs, neglected children, trash, thefts and squabbles at the illegally converted warehouse where 36 partygoers were killed in a weekend fire, with inspectors knocking on the door as recently as two weeks before the blaze.
With all the attention from police, child welfare authorities, building inspectors and others, some of those who saw what was going on at the underground artists’ colony say they figured time and again that authorities would shut it all down.
But they never did.
“It makes me so sad that all this has been there this whole long time,” said neighbor Phyllis Waukazoo. “This was an accident waiting to happen. That could have been prevented.”
Mayor Libby Schaaf deflected questions about whether more aggressive action by authorities could have prevented the tragedy at the building known as the Ghost Ship. The cause of the fire is still under investigation, and prosecutors said they are looking into the possibility of criminal charges.
On Tuesday, sheriff’s Deputy Tya Modeste said the families of 26 of the victims had been notified. She said that an additional nine bodies have been tentatively identified and that officials have been unable to identify one victim at all.
The local sheriff who is also the coroner told CBS News correspondent David Begnaud that he does not believe there are more bodies inside.
The building itself is so compromised that work here is dangerous and they’re getting much-needed help from some heavy machinery. Crews brought in a large crane to help comb through the charred rubble where the “Ghost Ship” once stood as a criminal investigation begins.
“We’re looking at two things: one is whether or not there is any criminal liability attached to this fire and secondly, if there is criminal liability, against whom,” said Alameda County District Attorney Nancy O’Malley.
O’Malley said potential charges could range from involuntary manslaughter to murder.
The Bureau of Alcohol, Tobacco, Firearms and Explosives says it is looking at the possibility that a refrigerator or other appliance was the source of the fire.
Jill Snyder, the special agent in charge of the ATF’s San Francisco office, said it’s too early to say for sure a refrigerator caused the blaze, but she said it was a potential source of ignition. Snyder said investigators are looking at anything electrical on the first floor of the warehouse near where the fire started.
Record searches and interviews by The Associated Press indicate that the couple who leased the warehouse and turned it into living spaces and artists’ studios, Derick Ion Almena and Micah Allison, were already under scrutiny by several agencies.
Some of those agencies had been told or could have seen for themselves that the family of five and their dozens of artist tenants were living in a warehouse that had no permit to operate as a living space and allegedly had no proper kitchen, electricity, adequate fire exits or solid stairs.
Almena, 46, is on probation for receiving stolen property, an Airstream trailer he was accused of stealing and stashing at the warehouse. The terms of his probation allowed authorities to enter his home to search without a warrant, records show.
Child welfare workers had taken away the couple’s three children in mid-2015 but returned them by this past summer, despite the illegal conditions at the warehouse and the children being hungry, infested with lice and frequently truant, Micah Allison’s father and other acquaintances said.
Almena confirmed in a 2015 document that child welfare workers visited the warehouse at least twice.
Child welfare authorities refused to comment on the family, citing privacy laws.
In returning the children, the authorities set certain conditions, including that the youngsters be out of the warehouse during the many parties held there, according to those who knew the couple.
On the night of the fire, Allison and the three children had checked into an Oakland hotel, according to Almena. All of them survived. Almena said in a TV interview that he had little involvement in the party and had gone to the hotel as well.
Almena told the “Today Show” on Tuesday that he was “incredibly sorry.”
Almena said he started the community in the warehouse as a dream for the arts and performing arts, but, he said, sometimes “your dream is bigger than your pocketbook.”
He said he signed a lease for the building that “was to city standards supposedly.”
Almena said he lived in the warehouse with his family and other residents, but said he didn’t make a profit. He said, “This is not profit; this is loss. This is a mass grave.”
Danielle Boudreaux was close to the family, and attended parties at the warehouse.
“I mean these children were living in squalor and I called everyone I could and their families to get those children out of that environment,” she told CBS News’ Mireya Villarreal.
Boudreaux blames Almena, and said these deaths could have been prevented.
“Those people would be alive. I there’s no doubt in my mind but for his arrogance,” she said.
Shelley Mack told CBS News she rented a trailer in the building for a few months in late 2014.
“That place was a death trap,” Mack said.
Mack took a video which she said shows the potentially hazardous conditions.
“You turned on a heater and your electricity — everybody’s electricity would go off, so it was continually overloaded,” Mack said.
Most recently, Oakland city inspectors received complaints on Nov. 13 about the warehouse being remodeled into residences and on Nov. 14 about an “illegal interior building structure,” city records showed Tuesday.
City officials sent a violation notice for the first complaint and opened an investigation for the second one.
Darin Ranelletti, interim city building chief, told reporters an inspector went to the Ghost Ship on Nov. 17 to follow up on the complaint. But the inspector was unable to enter the building or talk to occupants, and left, Ranelliti said. City officials would not give further details.
Allison’s father, Michael Allison, said he is left wondering why officials failed to take quicker, tougher action.
“This whole thing, the city giving them warning after warning after warning, strikes me as bizarre. It’s been going on for years,” he said. “I knew something was going to happen … but not this.”
Under state and city law, commercial buildings must receive annual fire inspections. Sheriff’s Sgt. Ray Kelly refused to say whether fire officials had visited the warehouse before the blaze.
Zac Unger, vice president of the Oakland firefighters union, said the city has about one-third of the fire inspectors of other cities of comparable size.
“It’s a systematic underinvestment in the fire department and a roll of the dice, hoping they’ll get away with it,” he said.
Noel Gallo, a city councilman who lives a block away and recalled fruitless conversations with Almena over trash and other nuisances, said he will push for more building inspectors and fire marshals.
But Gallo noted the city has many occupied warehouses and has to be mindful of the “desperate” housing shortage in the San Francisco Bay area, where the tech boom has driven up prices and rents.
In an interview after the fire, Almena said police also had been in and out of the buildings for years, over thefts and other complaints from the people there.
“They would come in and they would walk through our space and they’d always say ‘Wow, what an amazing space,’” Almena told San Jose TV station KNTV.