WARWICK, R.I. (AP) – The owners of The Station nightclub and the tour manager for Great White were indicted Tuesday by a grand jury on charges related to February’s fire that started after the band’s pyrotechnics set the building ablaze, killing 100 people and injuring scores of other concertgoers.
Club owners Jeffrey and Michael Derderian were each charged with 100 counts of involuntary manslaughter with criminal negligence, and 100 counts of involuntary manslaughter in violation of a misdemeanor. Tour manager Dan Biechele, who lit the pyrotechnics that sparked the blaze, was also charged with 100 counts of involuntary manslaughter with criminal negligence, and 100 counts of involuntary manslaughter in violation of a misdemeanor.
All three men pleaded innocent Tuesday in Kent County Superior Court and all were released after posting bail. Bail for the club owners was set at $5,000 cash, while bail for Biechele was set at $10,000 cash.
They are not criminals. They did not commit any criminal acts and they should not be charged with any crime, said Jeffrey Pine, attorney for Jeffrey Derderian.
While we are deeply sympathetic to the victims, the fact remains that Dan Biechele is not guilty of the charges brought in this case, said Biechele’s attorney, Tom Briody. He could not have known of the dangerous conditions that existed inside The Station.
Attorney General Patrick Lynch told reporters he wished he could change the timing of the announcement.
The suffering of the victims and survivors will be intensified by having to go through the holidays without their loved ones, Lynch said. The grand jury has completed its work and I am duty bound to report their findings. Today, therefore, marks a turning point.
Lynch said the three defendants had been charged under both possible theories of involuntary manslaughter: criminal negligence and so-called misdemeanor manslaughter.
In the first case, Lynch said the state claims the defendants showed gross negligence leading to the victims deaths. In the second scenario, the state alleges the defendants committed misdemeanors leading to the deaths. Lynch said in Biechele’s case, the misdemeanor related to setting off the pyrotechnics, and with the Derderians, it refers to the flammable foam installed in their nightclub.
The indictment marks the first criminal charges to result from the Feb. 20 fire at The Station nightclub. About 200 people were injured in the fourth-deadliest nightclub fire in U.S. history.
The fire started after the pyrotechnics were shot off just seconds into Great White’s first song, quickly igniting the highly flammable foam that had been placed around the stage as soundproofing. Thick smoke quickly spread through the club and within minutes, the one-story, wooden building was engulfed in flames, trapping clubgoers as they rushed toward the same exit.
The cause of the fire was known almost immediately and the victims final moments were captured by a local television cameraman who was gathering footage for a story on safety in public places.
While the band maintained it received permission to set off the fireworks, the club owners insisted permission was never given.
Members of Great White, who have been named in several civil suits, were not charged by the grand jury. Great White was a popular band during the 1980s heavy metal era, with hits such as Once Bitten, Twice Shy and Rock Me.
The band’s guitarist, Ty Longley, was among those killed the fire.
Pine, Jeffrey Derderian’s attorney, said he was ’disturbed the band’s lead singer, Jack Russell, was not charged. He also said he believed officials from the town should have been charged.
The town inspected this club over and over and over and did not cite them for any violations, Pine said. We’re disturbed that nobody in the town was held accountable.
Phone messages left with Town Manager Wolfgang Bauer, and town Solicitor Timothy Williamson were not immediately returned Tuesday. A phone message left with Great White attorney Ed McPherson was not immediately returned.
The fire in the blue-collar community of West Warwick, about 12 miles south of Providence, seemed to touch everyone in this small state where connections run deep.
They say there are six degrees of separation in this world. In Rhode Island, there’s a degree and a half, Lynch said after the blaze. The pain rips through this community quicker than any other.
Authorities investigated the blaze for more than nine months, picking through the charred remains of the site for evidence and interviewing hundreds of witnesses. They seized computers, documents, club records and appointment books from band members and the club’s owners. Investigators also took inspection reports from the town and receipts from a foam manufacturer and collected dozens of items from the site of the fire, including club doors, wiring, spray paint and foam samples.
As part of the investigation, officials looked at the use of pyrotechnics in the building, which was built in the 1940s, by other bands that had played there over the years.
Investigators also looked into possible overcrowding. Town records show the club’s capacity was 404 when all tables were removed, while a national guide for booking agents had listed the club with a capacity of 550. A Providence Journal investigation estimated the number of patrons at about 430 people at the time of the fire.
Investigators also examined why town inspectors had failed to note the highly flammable polyurethane foam that had been installed around the stage as soundproofing. The Derderians bought the foam shortly after buying the club in early 2000 to satisfy neighbors who had long complained of noise.
Experts have said the polyurethane foam was a packaging material and not suitable for use as soundproofing, particularly in a public building.
Fire and building inspection reports released by the town of West Warwick never mention the foam that surrounded the stage. The Station passed its last inspection, which was two months before the fire.
In the wake of the fire, Gov. Don Carcieri called for emergency inspections of all public buildings similar to The Station nightclub, and the state formed a commission to investigate the blaze. State lawmakers passed stringent new fire-safety standards, including stricter rules on sprinkler requirements for older buildings.
The blaze also led other states to propose tougher fire regulations for nightclubs.
Jeffrey Derderian was a longtime television reporter in Rhode Island and Boston, and known to many in the region. He was at the club during the night of the fire.
It was very difficult to express what I experienced at the club that evening, trying to get people out safely, Derderian told reporters in a tearful statement two days after the fire. Please know I tried as hard as I could. Many people didn’t make it out and that is a horror that will haunt my family and I for the rest of our lives.
Great White recently wrapped up a five-month tour to raise money for fire victims. The band raised just under $64,000, but its tour was criticized by family members of victims who blamed the band for the fire and said the tour was self-serving.
If this has taught me anything, it’s how fragile and precious life really is, lead singer Jack Russell said during an event shortly after the fire.
Station Families Vow Lawsuits
Families of The Station fire victims are turning their attention to civil lawsuits, according to The Boston Globe. A recent investigation by the state of Rhode Island resulted in indictments against the club owners and Great White’s tour manager, but many are disappointed no criminal charges were filed against city fire and building inspectors.
One hundred people died February 20th when the West Warwick nightclub burned to the ground. The two brothers who owned the club, Michael and Jeffrey Derderian, and tour manager Dan Biechele have been indicted on a total 600 counts of manslaughter two for each death.
The Derderians were charged with installing flammable soundproofing material in their club, and Biechele was charged with launching the pyro inside The Station, triggering the tragic chain of events.
Family members are upset at Rhode Island Attorney General Patrick C. Lynch because fire and building inspectors had repeatedly signed off on the club’s safety, the Globe said, yet none were charged. Victims and survivors are vowing to file civil suits against town officials and others.
According to the Globe, if victims attorneys can jump the legal hurdles, Rhode Island law caps damages at $100,000 for each claim. Also, the city is insured up to only $4 million, according to plaintiffs attorney Steve Minicucci.
The legal standards for negligence are much lower in civil court, whereas it may have been impossible for Rhode Island to try city officials in criminal court.
It’s a tough standard to meet, said J. Richard Ratcliffe, chairman of the Rhode Island Bar Association’s Criminal Law Bench/Bar Committee, because the burden of proof would be very high in criminal court.
Simple negligence is not enough, Ratcliffe said, adding that prosecutors would have to prove inspectors saw the foam around the club’s stage, knew it was flammable and could foresee its involvement in the tragic events.
Civil case lawyers face the hurdle of the public duty doctrine, the Globe said, which is a form of legal sovereign immunity that protects municipalities and public officials from lawsuits if they are performing their official duties.
The attorney general said the investigation is still open. He admitted that additional charges could be brought.
The grand jury has concluded its business, Lynch said. That does not mean the investigation has ended.
Leave a Reply