Retrial for man in California warehouse fire that killed 36

FILE - This Monday, June 5, 2017, file photo released by the Alameda County Sheriff's Office shows Derick Almena at Santa Rita Jail in Alameda County, Calif. Almena who was in charge of an artists' work-live warehouse that burned three years ago, killing 36, is due back in court Friday, Oct. 4, 2019, for a possible retrial. Almena's previous trial ended in a hung jury. (Alameda County Sheriff's Office via AP, File)
FILE - This undated file photo provided by the City of Oakland shows the burned warehouse after the deadly fire that broke out on Dec. 2, 2016, in Oakland, Calif. Derick Almena who was in charge of the artists' work-live warehouse that burned three years ago, killing 36, is due back in court Friday, Oct. 4, 2019, for a possible retrial. Almena's previous trial ended in a hung jury. (City of Oakland via AP, File)
FILE - This Monday, June 5, 2017, file photo released by the Alameda County Sheriff's Office shows Derick Almena at Santa Rita Jail in Alameda County, Calif. Almena who was in charge of an artists' work-live warehouse that burned three years ago, killing 36, is due back in court Friday, Oct. 4, 2019, for a possible retrial. Almena's previous trial ended in a hung jury. (Alameda County Sheriff's Office via AP, File)

OAKLAND, Calif. — Prosecutors say they will re-try a man on manslaughter charges for allegedly turning a San Francisco Bay Area warehouse into a cluttered maze that killed 36 at a party.

Alameda County jurors last month could not agree on a verdict against 49-year-old Derick Almena, splitting 10-2 in favor of finding Almena guilty. They acquitted 29-year-old Max Harris.

The Dec. 2, 2016, fire broke out during an electronic music party at a warehouse known as the Ghost Ship in Oakland.

Prosecutors allege Almena was criminally negligent when he illegally converted the industrial building into a residence for artists and held unpermitted events inside.

Almena's attorneys argued that city workers were to blame for not raising concerns about fire hazards in the warehouse.

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This version corrects the last name of the man who was acquitted to Harris, not Harri.

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