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    Angry More on Station Night Club Fire

    Ex-Band Boss to Plead Guilty in R.I. Fire

    By ERIC TUCKER
    The Associated Press
    Tuesday, January 31, 2006; 2:43 PM

    PROVIDENCE, R.I. -- The former manager of the heavy metal rock group Great White has agreed to plead guilty to 100 counts of involuntary manslaughter stemming from a deadly 2003 nightclub fire, a judge said Tuesday.

    Daniel Biechele will enter the plea next week and serve no more than 10 years in prison under the deal with prosecutors, Superior Court Judge Francis Darigan said.

    Biechele was charged with 200 counts of involuntary manslaughter for starting the blaze when he ignited pyrotechnics during a Great White performance at The Station nightclub in West Warwick. He had pleaded innocent.

    Sparks from the pyrotechnics ignited highly flammable foam lining the club's walls and ceiling, creating a fast-moving blaze that also injured more than 200 people in the fourth-deadliest nightclub fire in the country's history.

    Brothers Jeffrey and Michael Derderian, who owned the club, also were charged with 200 counts each of involuntary manslaughter. They are accused of installing the flammable soundproofing foam in violation of the state fire code. They have pleaded not guilty.

    Biechele has said through his lawyer that he had permission to light the pyrotechnics during the Feb. 20, 2003, concert, but the Derderians have disputed that claim.

    The three defendants were charged with two counts of involuntary manslaughter for each of the 100 people killed. One count per death alleged criminal negligence, the other accused the defendants of committing underlying offenses that led to the deaths.

    ###

    Also...

    http://times.discovery.com/tvlisting...=0&channel=DTC

    Discovery Times Channel
    "Decoding Disaster: Nightclub Nightmares"

    Sunday, February 26 @ 10pm

    "Two [RI and Chicago] nightclub disasters strike in one week in February 2003, killing over 100 people. Find out what went wrong as we explore forensic evidence and hear the victims' first-hand accounts."

    Check your local cable listings - Discovery Times Channel is a digital cable channel...
    Last edited by DianeC; 01-31-2006 at 04:08 PM. Reason: fix grammar...
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    Why was he charged with 200 counts of involuntary manslaughter if there were 100 deaths?
    -------------------
    "The most mediocre man or woman can suddenly seem dynamic, forceful, and decisive if he or she is mean enough." from "Crazy Bosses"
    -----------------------------------------------
    Genius has its limits, but stupidity is boundless.

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    Quote Originally Posted by KenNFD1219
    Why was he charged with 200 counts of involuntary manslaughter if there were 100 deaths?
    One count per death alleged criminal negligence, the other accused the defendants of committing underlying offenses that led to the deaths.

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    Thanks George. I have noticed similar double charges in other cases before but never knew why.
    -------------------
    "The most mediocre man or woman can suddenly seem dynamic, forceful, and decisive if he or she is mean enough." from "Crazy Bosses"
    -----------------------------------------------
    Genius has its limits, but stupidity is boundless.

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    10 years for 100 counts. Thats one hell of a deal. That is a little more than one month in prison per person.
    Even the burger-flippers at McDonald's probably have some McWackers.

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    Bumping the important stuff up -- tired of looking at the "ads"! And all the people that keep encouraging the "ads" to be up on the first page! You're contributing to the problem! Ignore, and they'll end up on page 3.
    "When I was young, my ambition was to be one of the people who made a difference in this world. My hope is to leave the world a little better for my having been there."
    -- Jim Henson (1936 - 1990)

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    George
    A question for you. I understand the difference between the two charges and the 200 counts. But my question is, can the two remaining defendants be convicted of both counts? I can't remember which article I read on this recently but it mentioned something about the fact even though they are charged with two counts for each death, there are actually two different legal theories here so they actually can't be convicted of 200 counts each (as much as we would like to see them rot forever in jail). At best, if convicted the owners can only be convicted of 100 charges each.

    thanks.

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    Quote Originally Posted by superchef
    George
    A question for you. I understand the difference between the two charges and the 200 counts. But my question is, can the two remaining defendants be convicted of both counts? I can't remember which article I read on this recently but it mentioned something about the fact even though they are charged with two counts for each death, there are actually two different legal theories here so they actually can't be convicted of 200 counts each (as much as we would like to see them rot forever in jail). At best, if convicted the owners can only be convicted of 100 charges each.

    thanks.
    I do not know RI law at all. But in general, I think the arson would be "yes". Consider this:

    Mr. Jones intentionally sets fire to an occuppied apt. building in which he lives. The fire is set in the common stairwell. The fire also causes extensive damage to his apt. He has renters insurance and files an insurance claim.

    He set one fire. But he, at least under NJ law, can be charged with:

    1. Aggravated Arson for setting a fire for the purpose of destroying the building.
    2. Arson for setting a fire that recklessly placed another in danger of death or bodily injury.
    3. Arson for setting a fire for the purpose of fraudulently collecting the proceeds of an insurance policy.

    He can be convicted of all three counts.

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    Thank you George. That clarifies it a bit.


    (And I read this before my morning pot of coffee too)
    Last edited by superchef; 02-03-2006 at 12:45 PM.

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    Quote Originally Posted by superchef
    Thank you George. That clarifies it a bit.


    (And I read this before my morning pot of coffee too)
    Maxwell House or some stinky girl coffee?

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    Quote Originally Posted by GeorgeWendtCFI
    Maxwell House or some stinky girl coffee?

    Starbucks - strong and black.

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    Quote Originally Posted by GeorgeWendtCFI
    Maxwell House or some stinky girl coffee?
    Maxwell House is the Budweiser of the coffee world....
    ‎"The education of a firefighter and the continued education of a firefighter is what makes "real" firefighters. Continuous skill development is the core of progressive firefighting. We learn by doing and doing it again and again, both on the training ground and the fireground."
    Lt. Ray McCormack, FDNY

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    Default from todays news ...................

    Firehouse.com Home > News Headlines

    Sentencing Begins Monday in Deadly Rhode Island Nightclub Blaze

    By ERIC TUCKER
    Associated Press Writer


    In the three years since The Station nightclub fire, the relatives of the 100 people killed have clustered for memorials at the site and mourned alone in cemeteries.

    But they have never had a chance to share their pain in open court in front of the man whose pyrotechnics sparked the blaze.

    That opportunity will come this week, as Daniel Biechele is sentenced in a three-day hearing starting Monday that is expected to showcase emotionally wrenching testimonials from the families.

    Biechele, 29, was tour manager for the rock band Great White when he set off a pyrotechnics display during a Feb. 20, 2003, concert, igniting a fire that swiftly enveloped the crowded nightclub.

    Biechele will be sentenced under a plea agreement to as many as 10 years in prison, and prosecutors are recommending the maximum. His lawyers are asking for community service instead of prison time.

    Biechele was to have been the first of the three defendants to stand trial. Instead, he became in February the first to take responsibility, pleading guilty to 100 counts of involuntary manslaughter.

    Jeffrey and Michael Derderian, who owned the club in West Warwick, each face 200 counts of involuntary manslaughter and are accused of installing the flammable sound-proofing foam that fueled the fire.

    Richard Lapierre, whose 29-year-old son, Keith, died in the fire, said he would try to attend Wednesday's sentencing. But he said he was ambivalent about prison time for Biechele.

    "I don't think he did anything intentionally," said Lapierre, of Oxford, Mass. "It was stupid, what he did, but I know he didn't do it on purpose."

    Lapierre said his son left a career as a stockbroker to become a teacher. He had a "love story" marriage with his wife, who gave birth to a girl days after the fire. And the pain of losing his son hasn't gotten any easier.

    "To have it all snatched away in the blink of an eye, it's just awful," he said.

    Some victims' relatives have no interest in attending the hearing.

    "I do not want to hear the details of what happened," said Paul Roe, whose daughter Lori Durante, 40, died. "We've been living this thing over three years now. I just can't do it."

    As the 1980s rock band launched into its first song, prosecutors say, Biechele ignited four small pyrotechnic devices that spewed streams of sparks. The sparks ignited flammable foam around the stage.

    A television cameraman's tape of the fire shows dark smoke spreading through the club as panicked concertgoers push toward the front exit, where many ultimately became trapped.

    Though Biechele used the pyrotechnics in previous Great White concerts, he did not have a permit to ignite them in Rhode Island. Biechele says he had permission from Michael Derderian to use the pyrotechnics. The Derderians have said no such permission was given.

    Ten months after the fire, a grand jury indicted Biechele and the Derderians on 200 counts each of involuntary manslaughter - two counts for each person killed under separate legal theories. The Derderians have pleaded not guilty. Michael Derderian's trial is to start July 31; no date has been set for Jeffrey Derderian's.

    About 30 family members plan to present impact statements to the judge. Others have written remarks that will be read aloud by a representative from the attorney general's office Tuesday.

    Biechele, who lives in Florida, married his high school sweetheart in the last month and works at a flooring company while taking accounting classes at night, his lawyers said in a recent court filing. He has expressed remorse for the fire in handwritten letters to victims' families.
    IACOJ both divisions and PROUD OF IT !
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    ATTENTION ALL SHOPPERS: Will the dead horse please report to the forums.(thanks Motown)
    RAY WAS HERE 08/28/05
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    I'm sorry, I haven't been paying much attention for the last 3 hours.....what were we discussing?
    "but I guarentee you I will FF your arse off" from>
    http://www.firehouse.com/forums/show...60#post1137060post 115

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    Default also from todays news

    Band Manager Faces Victims of R.I. Fire

    By ERIC TUCKER
    Associated Press Writer

    Watching her severely burned daughter go through 35 operations over two months before doctors took the young woman off life support was "a journey of hell," Anna Gruttaduaria told the court Monday as a sentencing hearing began for a man she holds responsible.

    Her 33-year-old daughter had gone to The Station nightclub in West Warwick for a heavy metal concert on Feb. 20, 2003. The band had just started its first set when tour manager Daniel Biechele set off a pyrotechnics display that sparked the state's deadliest fire. Pamela Gruttadauria was its 100th victim.

    "How can you decide whether to keep your daughter alive or not?" Ann Gruttadauria asked in court. "We knew she would not have a good life. She was totally destroyed."

    Biechele, 29, pleaded guilty in February to 100 counts of involuntary manslaughter and faces up to 10 years in prison. Before the judge sentences him, though, Biechele is hearing from the victims' relatives.

    Some sobbed and reached for the boxes of tissue that were placed throughout the courtroom Monday as parents spoke about the holes that had been left in their lives.

    Eileen DiBonaventura spoke about her 18-year-old son, Albert Anthony DiBonaventura. She described the agony of waiting to hear what had happened to him and how she felt when she learned he was among the dead.

    "I died inside at that point," she said. "A parents worst nightmare had come true for us. Why did this have to happen?"

    About 30 people planned to read statements in court Monday and Tuesday, and a representative from the attorney general's office planned to read prepared remarks from others.

    Biechele also has a chance to address the court before Superior Court Judge Francis J. Darigan Jr. sentences him on Wednesday.

    Darigan opened Monday's hearing by cautioning those who planned to make victim impact statements against making remarks about Biechele, and told them not to address Biechele directly. He said family members would not be allowed to display pictures of their family members during the hearing, as some did when Biechele pleaded guilty.

    On the night of fire, the heavy metal band Great White had launched into its first set when Biechele ignited four small pyrotechnic devices near the stage. The 15-foot streams of sparks quickly ignited flammable foam that been put up as soundproofing, and the fire spread as people tried to push their way out through crowded doors.

    Many of the concertgoers who jammed the club south of Providence swarmed toward the front door, only to become overcome by fumes and blocked by others also rushing to get out. In addition to the 100 people who perished, more than 200 people were injured.

    Criminal charges are still pending against the club's owners, brothers Jeffrey and Michael Derderian. Both have pleaded not guilty.

    In Biechele's case, the attorney general's office is seeking the maximum sentence under his plea deal, saying he acted callously and recklessly. Biechele's lawyers are asking for community service rather than jail time, saying he never intended to harm anyone and could not have known about the foam on the club's walls.

    Biechele has said he had used the pyrotechnics in previous Great White concerts and had permission from Michael Derderian to use them that night. The Derderians have said no such permission was ever given.

    Though many victims' relatives were angered by Biechele's plea deal, others hold him less responsible than the club owners or fire inspectors who did not detect the flammable foam.

    "It was stupid, what he did, but I know he didn't do it on purpose," said Richard Lapierre of Oxford, Mass., whose 29-year-old son, Keith, died in the blaze.

    Michael Derderian's trial is scheduled to begin July 31. A trial date hasn't been set for his brother.

    Biechele now lives in Florida and works at a flooring company while taking accounting classes at night, his lawyers said in a recent court filing. He has written personal letters of apology to the victims' families.
    IACOJ both divisions and PROUD OF IT !
    Pardon me sir.. .....but I believe we are all over here !
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    RAY WAS HERE 08/28/05
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    I'm sorry, I haven't been paying much attention for the last 3 hours.....what were we discussing?
    "but I guarentee you I will FF your arse off" from>
    http://www.firehouse.com/forums/show...60#post1137060post 115

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    Off topic a bit. Does anyone by chance have or can direct toward a copy of the video shot at the fire? I saw it in a class last year, and was recently asked about it. Any help is appreciated. Thanks.

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    Just curious if I'm the only one here. Does anyone else have the images of people basicly dying on camera stuck in their head, engraved like it happened yesterday even 3 years after it happened. I just remember sitting down in the breakroom at work the next morning and seeing that video being played over and over and over for days. Everytime this topic comes up, I can see it like it just happened.

    I agree with one of the parents that said it was an accident and nobody was hoping to hurt or kill anyone. However the people doing this knew better and did it anyway. They need to pay for their irresponsibility.
    Even the burger-flippers at McDonald's probably have some McWackers.

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    He just got 4 years.
    IAFF-IACOJ PROUD

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    Ex-Manager Gets Four Years in Prison for Nightclub Fire

    By ERIC TUCKER, AP

    PROVIDENCE, Rhode Island (May 10) - A former rock-band manager whose pyrotechnics caused a nightclub fire that killed 100 people was sentenced Wednesday to four years in prison.

    Daniel Biechele, 29, could have gotten as much as 10 years behind bars under a deal he struck with prosecutors in February, when he pleaded guilty to 100 counts of involuntary manslaughter.

    "The greatest sentence that can be imposed upon you, has been imposed upon you by yourself," Superior Court Judge Francis Darigan Jr. told Biechele, drawing sobs from some of those in the courtroom.

    The sentence came after two days of anguished testimony from the victims' families, who told of college graduations they would never see, grandchildren they would never hold, and such grief that they could not get out of bed in the morning.

    Biechele was the tour manager for heavy metal band Great White when on Feb. 20, 2003, he lit a pyrotechnics display that ignited highly flammable foam that lined the walls and ceiling of The Station nightclub in West Warwick, Rhode Island. The foam was used as soundproofing and was placed there by the owners after neighbors complained about noise from the club.

    Many of the 100 people who were killed that night either were quickly overcome by fumes emitted by the foam or became trapped in a crush at the front door.

    Biechele is the first person to be sentenced for the fire. The owners of the club are awaiting trial on manslaughter charges.

    Biechele offered his first public comments about what happened, apologizing repeatedly and choking back tears.

    "I know how this tragedy has devastated me, but I can only begin to understand what the people who have lost loved ones have endured," he told the court. "I don't know that I'll ever forgive myself for what happened that night, so I can't expect anyone else to."

    "I never wanted anyone to be hurt in any way," he said. "I never imagined that anyone ever would be."

    Biechele's lawyers had asked the judge to show mercy and sentence Biechele to community service. They said he is the only person to accept responsibility and is truly remorseful, having written letters of apology to the families of the victims that will be given to them later.

    "I ask you to consider this: Dan Biechele is the only man in this tragedy to stand up and say I did something wrong," said his attorney, Thomas Briody. "He's the only man to say 'I apologize."'

    Prosecutors had asked for the maximum sentence allowed under the deal they struck with Biechele in February, when he pleaded guilty to 100 counts of involuntary manslaughter for igniting pyrotechnics without a permit - 10 years to serve in prison.

    "The devastation wrought by the conduct of the defendant is unparalleled in our state's history," prosecutor Randall White said.

    The fire was the fourth-deadliest nightclub blaze in U.S. history.

    The sentencing follows two days of wrenching testimony from the families of about half the people killed. Some parents told the court that they have contemplated suicide. Other relatives said they could no longer work and have become so ill they can barely get out of bed in the morning.

    The owners of The Station nightclub, brothers Jeffrey and Michael Derderian, are accused of installing the flammable foam that fed the flames and have pleaded not guilty to 200 counts of involuntary manslaughter - two counts for each person killed under separate legal theories.

    Michael Derderian is tentatively scheduled to go to trial on July 31; no trial date has been set for his brother.

    Biechele has said he Michael Derderian gave him permission to use the pyrotechnics at The Station; the Derderians have said he did not have permission.

    Biechele and the Derderians are also among dozens of defendants named in a massive lawsuit filed in federal court by fire survivors and victims' relatives.


    05/10/06 16:51 EDT

    ***

    nmfire -- I feel the same away about 9/11 and the folks that jumped from the towers rather then die in the inferno/collapse.
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    Default station club fire

    I was wondering if Rhode Island has enacted any new legislation in regards to
    sprinklers systems in industrial/commercial/multi-family buildings.

    Don

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    Yes, RI has passed sprinkler legislation for some properties as a result of the fire.

    http://www.ri.gov/press/view.php?id=1572
    "When I was young, my ambition was to be one of the people who made a difference in this world. My hope is to leave the world a little better for my having been there."
    -- Jim Henson (1936 - 1990)

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    Quote Originally Posted by DianeC
    Yes, RI has passed sprinkler legislation for some properties as a result of the fire.

    http://www.ri.gov/press/view.php?id=1572
    Thank you for that link...it looks like a good start.I would have liked to have seen them include other types of occupancies as well. Fire sprinklers are the most efficient way of saving lives we have.It is a shame we don't use them
    everywhere.

    Don

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    4 years! This guy's irrisponsibility caused the death of 100 people and gets 4 years!. A drunk driver kills one person and gets more than that.
    Even the burger-flippers at McDonald's probably have some McWackers.

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    4 years! This guy's irrisponsibility caused the death of 100 people and gets 4 years!. A drunk driver kills one person and gets more than that.
    He isn't he only one, what about the poor inspection record, failure of the city to enforce thier own codes, negligence of the owners for illeagally installing the foam?
    At least this guy had hhis day in court, faced justice and recieved a penalty. All the while the owners and city ducks their responsibility by pointing fingers and claiming ignorance. They are just as guilty, if not more so than the band manager. It's the fire inspector that should be hung-but he and the city will sneak away under some type of imunity law....
    His sentence, right or wrong isn't my argument, that was for the courts and it's done.
    My posts reflect my views and opinions, not the organization I work for or my IAFF local. Some of which they may not agree. I.A.C.O.J. member
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    Quote Originally Posted by SPFDRum
    He isn't he only one, what about the poor inspection record, failure of the city to enforce thier own codes, negligence of the owners for illeagally installing the foam?
    At least this guy had hhis day in court, faced justice and recieved a penalty. All the while the owners and city ducks their responsibility by pointing fingers and claiming ignorance. They are just as guilty, if not more so than the band manager. It's the fire inspector that should be hung-but he and the city will sneak away under some type of imunity law....
    His sentence, right or wrong isn't my argument, that was for the courts and it's done.
    You beat me to it...well said! I would only add the band manager had the courage to admit responsibility,unlike the others you mentioned.

    Don

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    A drunk driver kills one person and gets more than that.

    Not always.....a drunk driver killed my dads brother and just walked away from it....
    NEVER FORGET!
    9/11/01

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