Innocent young client has spent in jail. I think this is a time to thank the community, thank all of the community for their tremendous outpouring of support for max harris throughout this process. And what we both look forward to is the next trial. And in the next trial we will do better. You know it may hang again, it may be acquitted, but were not going to lose. Now we know what their witnesses have said. We now know our strengths and our weaknesses. Reporter a little more about how this went down inside the courtroom. After max harris was found not guilty on those 36 counts, he and his attorneys were excused by the judge. Then Derick Almenas verdict or lack of a verdict, was announced. The judge asked the jurors if there was any chance that if they deliberated some more, they might reach a verdict. She asked them what the count was, 102 in favor of guilt, but then she declared a mistrial saying at this point it appeared this jury was hopelessly dead locked. A little more about the family members. As i said, a couple of them did cry pretty much throughout the whole thing. Several others i saw just across from me, their hands were locked. I could tell, though, from the looks on their faces especially after max harriss not guilty verdicts were read that they really not surprised, in some ways expecting it. I think the real disappointment was the hung jury on Derick Almena. Live in oakland, Laura Anthony, abc7 news. Laura, thank you. With the jurys split decision, the two defendants in the case will now head in different directions. We have a reporter dedicated to each one. Well begin with abc7 News Reporter amanda del castillo. Shes live at the santa rita jail where max harris is expected to walk out a freeman in just hours. Reporter dan, the alameida county Sheriffs Office expects harris release 8 00 or 9 00 tonight. They anticipate that release will be both private and quick at this point. Harris has spent almost three years in jail since that 2016 arrest. The 29yearold could have faced 39 years in prison. Of course, he was acquitted on all 36 counts of Involuntary Manslaughter just this afternoon. After the first not guilty verdict was read, harris hugged his attorney. His attorney later told reporters, this isnt a time to celebrate for max harris because, quote, this community is sick. He called for reform and change with regard to leadership. Right now the Sheriffs Office is working on harris release. They havent supplied a time line or details about what that process entails. Only saying its likely harris will be released privately and likely not through the jails front door. His attorney Curtis Briggs said harris has plans for the moment. Hes out. Its going to start with a nice vegan meal not served by santa rita jail and well take it from there. Reporter now, according to the santa rita jail, inmates must return to jail to complete necessary paperwork. That process is expected to take a few hours. Its still unclear what access reporters will have to harris and whether hell stop to make a statement. But we know, again, that release should come around 8 00 or 9 00 tonight. At the santa rita jail, im amanda del castillo, abc7 news. Amanda, thank you. Now, Derick Almena faces the prospect of another trial. Lets go live to abc7 News Reporter lyanne melendez, she is at the courthouse in oakland with a look at his future. Lyanne. Reporter well, let me just say that a hung jury is not very common in our legal system. I just want to put that out there for you. Now, what happens next . Clearly i am not an expert. I dont think anybody knows in fact, i dont think the prosecution at this point today knows whats going to happen next. Do they retry them . What i do know is that they will take into account a few things. Number one, theyre going to ask themselves, is retrying someone in the publics interest . Number two, is retrying someone worth the time and energy, the cost . And number three, and this is very important to prosecutors, family members who today are still saying they want to see justice. This was extremely difficult for the family members to accept, but the verdict is in against max harris. We are going to evaluate our prosecution as we go forward against Derick Almena. Reporter so what does that tell you . A lot, not much . You be the judge of that. But remember, two jurors didnt agree with the rest. So the prosecution may be thinking right now, well, we came so close. Maybe, just maybe well win next time. But again, at this point we dont know. Now, a second possibility is, of course, a plea deal. Now, Derick Almena, and thats who, of course, were talking about here, his attorney, tony serra told one of the reporters that he would not accept a plea deal for his client. Now, heres almenas other attorney. Hear what he has to say. Well, hes happy to be unconvicted hes very unhappy when he thinks about what happened. And the fact that that can never be repaired. Reporter so, again, vague. But we know with certainty what the prosecution will do next, and that is they told us today at the very brief press conference that they will evaluate the informaion, the case. They will evaluate, go through the evidence to see if they should retry this, or if they offer a plea deal. We dont know. But thats what theyre going to take into account before they move forward. Im live in oakland, lyanne melendez, abc7 news. All right, lyanne, thank you. And just hours ago we received a statement from oakland mayor b libby schaaf on the trial. Our thoughts are with the friends and family of the victims. I am grateful for the professionalism and integrity from all City Employees who participated in the trial. We send warmth and comfort to everyone in the community who was devastated by this tragedy. The fire took 36 lives. You see their faces here. The youngest was 17 years old. They were artists, friends, fathers, daughters. Some were couples who died in each others arms quite literally. Others managed to send Text Messages to say goodbye to their family before they were overcome by the flames and the smoke. Some of their families were at court today for the verdict. Both abc7 News ReporterWayne Freedman and Melanie Woodrow spoke with them. And well begin here with melanie. Reporter dan and ama, those family members deeply disappointed by the outcome here today. They say they want somebody held accountable. Still, traviss mother says nothing will ever be worse than losing her son. In all honesty, the worst day of my life was on december 2nd. It cant get any worse than that. Its just a lot of suffering after that. And we continue to suffer. I didnt blame him at all and i stand with their other family members and friends that do think that max should not have been charged, should not have spent any time in jail. Derrick is a completely different human being. I do find him responsible. Reporter that was Lisa Slattery speaking. Shes a friend of victim jennifer mendiola. This has been a long journey for these famfriends. We expect many of them will be back here on october 4th when Derick Almena is back here in court. Live in oakland, Melanie Woodrow, abc7 news. All right, melanie, thank you. And we also want to bring in abc7 News ReporterWayne Freedman tonight. Yeah, he spoke with the father of a woman who died in the fire. Wayne. Reporter thank you. You know, as we say, 36 victims, thats a lot of families. Thats a lot of grief. Some of those families came out of the courtroom and said nothing today. Others did want to talk. Among them mikaela gregorys family. We have a photograph of her here. Lets show you her picture. She was 20 years old, student at San Francisco state. She had gone to the concert with her boyfriend. When authorities discovered their bodies, they were the two who were found in an embrace. Her father David Gregory attended pretty much every day of this trial. And as you are about to hear, predictability he was not happy with these verdicts. Im in shock. In disbelief. I cant believe it. I dont know what to think. Reporter are you disappointed . Absolutely im disa point. Theres a man walking out there that should be in jail right now. He was willing to take a plea deal for six years, okay. You tell me if thats a not guilty person. Come on. Reporter that was David Gregory talking about a plea deal that max harris had accepted until the judge threw it out in august of 2018, which led to this trial. You might also have noticed a silver necklace around David Gregorys neck. It is etched with mikaelas name. Inside that necklace are ashes, and thats not all. He also has her picture on his forearm. In oakland, Wayne Freedman, abc7 news. Sochi motion there tod much m wayne, thank you. It was sent out on the push alert. We continue to send alerts out today that came out. Download the app so youll be among the first to know as soon as news breaks. And we will have more on the ghost ship case verdict throughout this newscast. Also ahead here, the latest on the deadly boat fire off Santa Cruz Island in Southern California, which claimed 34 lives. Im spencer christian. We have a little weekend cool down coming our way and ill have all the your brain is an amazing thing. But as you get older, it naturally begins to change, causing a lack of sharpness, or even trouble with recall. Thankfully, the breakthrough in prevagen helps your brain and actually improves memory. The secret is an ingredient originally discovered. In jellyfish. In Clinical Trials, prevagen has been shown to improve shortterm memory. Prevagen. Healthier brain. Better life. A brush fire in Southern California is now up to 2000 acres and about 24 hours. Overnight, the tanaha fire burned down to a neighborhood in murrieta, but firefighters sopped it before any homes burned. Firefighters are dealing with tough terrain in the santa ana mountains. Battling the fire from the air and ground. Hundreds of homes remain evacuated. The fire is only 7 contained. There have been no reported injuries. The owners of that dive boat that caught fire early monday claiming 34 lives have filed a lawsuit to head off potential litigation from victims families, many of whom are from the bay area. Anyone with a claim against truth aquatics will be served notice that it is not liable for damages. Also reports have emerged that a faulty lithium battery may have played a role in sparking the fire. And a preliminary investigation suggests the boat did not have a roaming night watch man. That person is required to be awake and alert. Passengers in the event of a fire. Reporter rob hayes is with our sister station in los angeles and has the story. Reporter a garden is growing at Santa Barbara harbor. Garden of flowers and messages and sadness. The ripple effect, just has to be unreal, you know . Friends, family, aunts and uncles. It touches everybody in our community. Reporter meanwhile, investigators spoke today about the terrifying conditions aboard the boat after that fire broke out. Sharing what crew members described to them. The crew that did jump down reported that they had went to the double doors of the galley to try to get in to get to the passengers, but it was engulfed in flames at that time. Reporter the cause of the fire is still a mystery. A theory has surfaced that it may have been caused by a faulty lithium battery that was charging overnight. But today the National Transportation safety board said its still too early to determine. Were also looking into the possibility that something occurred with the gear from passengers and crew members where there were a lot of photography equipment, batteries, cameras, phones. And we know that those were plugged in and charging at the time. Reporter the search still underway for the last missing victim of the boat fire. More names and faces of those 34 victims continue to come to light. Wi tan a post grad at u. C. Berkeley. Dan garcia, Software Engineer at apple was on the dive trip with his partner yulia krishnea. And an avid diving enthuse iftd. The loved ones of those lost continue to mourn. Investigators continue to search for a cause, and the garden at santa monica harbor continues to grow. Santa barbara is small. Its 100,000 people. Its 100,000 people strong. Reporter in Santa Barbara, rob hayes, abc7 news. At least 15 of the 34 people who died were from northern california. You can read their stories on our website, abc7 news. Com. Coming up next, we are going to get a look at the s ordstrom. Up to 70 off at nordstrom rack. Thats fashion at a fraction. Nytime at nordstromrack. Com and get easy returns in store. Nordstrom rack. What will you find . Alright, so this is how you are gonna say wn. Youll get the best deal of the year on xfinity tv and internet and you even get this. Mike, youre on balloons. Sarah, youre gonna high five everybody. Ben, youre gonna be wowing them with your dance moves. Dont miss the xfinity best deal of the year. Now thats simple, easy, awesome. Get amazing tv and internet during our best deal of the year with huge savings of 600 over two years. Plus a speed upgrade to 400 megs, free for 2 years. And ask about even more savings with xfinity mobile. Click, call, or visit a store today. So that early retirement we planned. Its going ok . Great. Now im spending more time with the kids. Im introducing them to crab. Crab . They love it. So, you mentioned that that money we set aside. Yeah. The kids and i want to build our own crab shack. Ahhh, youre finally building that outdoor kitchen. Yup with room for the whole gang. See how investing with a j. P. Morgan advisor can help you. Visit your local chase branch. A wanted man was injured when San Francisco sheriffs deputies shot ask killed a dog with him. Abc7 news was at the scene at polk street and broadway. Thats where deputies tried to arrest a man on a no bail warrant. When deputies fired their gun at an aggressive dog, officials tell us the suspect was hurt bud unsure if he was shot. The San FranciscoDistrict Attorney is investigating the shooting. The c. E. O. Of the largest Home Health Care company in the bay area is now in custody, charged in a 115 and kickback scheme. Fbi agents arrested radhima singh chief executive of amity Home Health Care and advent care hospice following an under cover operation. Singh and her two companies received patient information from doctors and Health Care Professionals in exchange for cash, expensive trips, meals, and luxury items totaling more than 8 million. Singh is one of 30 people arrested, including 13 doctors and five nurses. These doctors and Health Care Professionals sold commodities by placing their own financial gains over thewellbeing of their patients. And betrayed the basic principles of their profession. According to prosecutors singh faces more than 35 years in prison and a Million Dollars in fines if convicted on all charges. A former nfl player ausc trojan was convicted of taking part in a cell phone theft ring. They charged langley and 11 others with 61 felony counts including robbery and grand theft. Investigators say the defendants would rush ups and Fedex Delivery Drivers as they pulled up to cell phone stores, grabbing boxes and taking off in cars that had paper plates. Defendants pleaded not guilty. A little dust up between bay area mayors with trash talk thrown in as well. Ton worry. Oakland mayor libby schaaf and San Francisco mayor london breed were encouraging them to tidy up. On the 21st of this month crews and volunteers from both cities will remove trash and restore habitat that supports San Francisco bay. The mayors also laid out down a friendly bet on who will be the most successful. If you lose in the battle for who has the most volunteers [ laughter ] i challenge you to come volunteer with me wearing all as gear just one [ laughter ] [ applause ] so, mayor, my sister from across the bay, i accept your challenge. Great cause, great fun today. Mayor schaaf agreed to perform the cleanup in giants gear if San Francisco prevails. The cleanup coincides with a statewide event called California Coastal clean up day. All right. Lets check on our weather because the weekend is getting pretty close. It is. And the weather is awfully nice. Spencer christian is here with the forecast. Its going to be quite nice. A little of everything coming our way, a cool down and warm up. Heres a look at live doppler 7 at the moment. Mild conditions mainly sunny skies, but fog is building at the coast line and its breezy. We have gusts to 31 Miles Per Hour in San Francisco right now. 21 mile per hour gusts in san carlos, and 28 over at fairfield. All around the area its quite breezy and you can see the fog rolling in over San Francisco now as we look westward from emeryville. Current temperature readings are 63 here in San Francisco, oakland 70. 76 at redwood city. San jose 72. 85 at gilroy and 63 at