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'Great White' Band Manager Gets 4 Years in R.I. Club Fire

Daniel Biechele, former manager for the Great White band, was sentenced today to four years in prison with eleven years suspended for his role in an on-stage pyrotechnics fire at a Rhode Island nightclub that killed 100 people.

Beichele pleaded guilty to 100 counts of involuntary manslaughter and under the terms of his plea agreement, could have received up to ten years in jail.

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. The foam was used as soundproofing and was placed there by the owners after neighbors complained about noise from the club.

The Judge, in imposing the sentence, after two heavy days of victim impact testimony, said:

"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 and groans from some of those in the courtroom.

There's an online poll at AOL asking whether the sentence was about right, too light or too severe. As of right now, the results are:

What do you think of the four-year sentence in the nightclub fire case?

  • About right 38%
  • Too harsh 31%
  • Too light 30%

According to the AOL report, Biechele addressed the fire in public for the first time at his hearing today.

"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 said, gazing downward, choking back tears, his lip quivering. "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."'

What do you think? Was the sentence about right, too harsh or too light?

The brothers who own The Station, where the fire occurred, are also facing charges.

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.

As to thoughts of some of the victims' family members:

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.

Massive civil suits are also pending. More on the sentencing with links to video and audio reports and victim statements are here. A local poll with even fewer finding Bechele most culpable is here.

Here's a picture of the fire while the band's on stage.

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  • Display: Sort:
    Re: 'Great White' Band Manager Gets 4 Years in R.I (none / 0) (#1)
    by Patrick on Wed May 10, 2006 at 02:50:05 PM EST
    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.
    Now there's the blame the civil attorneys are interested in...The deep pockets. However, if they had raided the place with police to shut it down, the would have been villainized as well

    Re: 'Great White' Band Manager Gets 4 Years in R.I (none / 0) (#2)
    by Patrick on Wed May 10, 2006 at 02:53:03 PM EST
    As for the sentence, I think it's about right. That equals about 2 weeks prison per death. Kudos to him for standing up and admitting his fault and not trying to hide behind some lawyer or legal technicality.

    It's a tragedy that could have happened to me, or been caused by me. You're with a band that has moved from arenas to clubs, you're still trying to put on your big show and please your hard core fans and who the hell thinks a club will be made out of flammable materials!? I mean, damn, the place is full of flalcohol vapors and open flames, and that's just the audience. There's nothing about this that isn't awful. I'm proud someone in my community stepped up, and I'd expect club owners to weasel. (Tho charging them twice for each death seems weird, I guess that's the difference between the law and logic) In this day of gitmo, supermax and hang 'em high I'm not sure people understand how long 4 years is, especially in hell. I heard his testimony on NPR, he'll be in hell the rest of his life.
    However, if they had raided the place with police to shut it down, the would have been villainized as well
    I don't get that, why would the police have to raid if the fire dept closed them for code violations?

    Re: 'Great White' Band Manager Gets 4 Years in R.I (none / 0) (#4)
    by Patrick on Wed May 10, 2006 at 03:21:43 PM EST
    I don't get that, why would the police have to raid if the fire dept closed them for code violations?
    Because the police would have to enforce any closure. Perhaps it's abit far afield but it relates to other threads here, and I've been posting here for a long time. So some will understand the connection, and some will not.

    Re: 'Great White' Band Manager Gets 4 Years in R.I (none / 0) (#5)
    by Dom on Wed May 10, 2006 at 03:24:50 PM EST
    I'd expect club owners to weasel.
    There seems to be a very broad consensus (also outside the music industry) that the club owners are more culpable than Biechele. Is this a common situation in separate trials involving the same case? Now that Biechele will spend four years in prison, how can the owners' defense team avert a conviction and longer sentence? By the way, Ticketmaster (now owned by former Fox exec Barry Diller through his InterActiveCorp), might help the next nightclub massacre happen. Quite a few small clubs around the country are still often dangerously oversold. (For example: Nashville's Exit/In can hold 115-250 people but sells up to 450 tickets; Sacramento's Boardwalk sells up to 625 tickets to a 200-capacity room.) Many of them sell these tickets through Ticketmaster. In the past, Ticketmaster outlets were quite willing to show customers the "seating chart" for such small clubs, so it was possible to check how many tickets were being sold to a show. However, since Ticketmaster was sold to InterActiveCorp, this information has been removed from the terminals at Ticketmaster counters like the ones at Macy's or FYE. If you call Ticketmaster and ask how many tickets they sell to a given show, they refuse to tell you under a new policy making this number "internal corporate information." This happens even when the CSR answering the phone can see the number of tickets being sold, and can compare it to the club's capacity. (It sounds like that they might be fired for violating corporate policy if they told a customer or a fire department what is happening.)
    why would the police have to raid if the fire dept closed them for code violations?
    E2 in Chicago was closed for code violations, but stayed open and killed 21 people anyway. Quite a few clubs are up to code when empty, but severely overcrowded during shows; when the fire department tries to deal with this, people riot.

    Re: 'Great White' Band Manager Gets 4 Years in R.I (none / 0) (#6)
    by roy on Wed May 10, 2006 at 03:27:22 PM EST
    Four years seems about right to create a deterrent effect. Other folks in the industry will remember this and be more careful next time they contemplate a pyro show, and it's plausible that lives will be saved as a result. It seems a bit harsh for retribution though. He just had a brain fart, it happens, it hardly ever gets people killed. This story wasn't going to have a happy ending anyway; no surprise this isn't it.

    Re: 'Great White' Band Manager Gets 4 Years in R.I (none / 0) (#7)
    by kdog on Wed May 10, 2006 at 03:38:21 PM EST
    I say the sentence is harsh. It's obvious the man meant no harm to the victims. It was an accident..though a preventable one. The man took responsibility for his part, and will suffer for a long time regardless. I don't think he's a threat to put on anymore pyrotechnic shows. And prison is such an unspeakably awful place that no human should be sent to unless it's absolutely necessary. It doesn't serve any justice in my opinion, just adds more tragedy to a tragedy. I think most of the blame lies with the knucklehead who decided to line the walls of a nightclub with highly flammable materials. You don't respond to noise complaints by creating a fire hazard.

    Re: 'Great White' Band Manager Gets 4 Years in R.I (none / 0) (#8)
    by kdog on Wed May 10, 2006 at 03:44:44 PM EST
    Four years seems about right to create a deterrent effect
    I don't know roy, if the tragedy of 100 dead concert goers isn't enough of a deterrent, I don't see what this prison sentence is going to accomplish.

    By the way, Ticketmaster
    'nuff said. Ticketmaster is evil. Even when their practices don't lead to death they lead to poverty.
    E2 in Chicago was closed for code violations, but stayed open and killed 21 people anyway
    So it wouldn't have mattered if cops went along with the FD or not. I've only been solicted for bribes in 2 places to get the show on. Chicago and Juarez, Mexico.
    Because the police would have to enforce any closure.
    In my experience, the FD says 'no show' there's no show.
    Quite a few clubs are up to code when empty, but severely overcrowded during shows; when the fire department tries to deal with this, people riot.
    You are either up to code or not. Overcrowding is a separate issue, tho cap is specified by the FD. In my experience, when the FD knows a club does this they place guys at the door and refuse to let anyone in after cap is reached. I just followed the link:
    a near riot broke out.
    So people didn't riot, they were just near it, according to cops.
    Police say someone called 911 to report that The Cotillion was over capacity. When the fire marshal arrived he agreed and ordered the concert hall to be emptied so he could count the crowd.
    Well that's just stupid. You don't have to empty the whole place to make a count, and no wonder the audience was pissed. They paid good money to see a show and then everyone was kicked out. Why does everyone have to leave so 'officials' can make a count? They can count the gate, they can check crowd density in a small area and multiply it, they can walk thru and make a rough head count. I know, because that's how we made sure club owners weren't cheating us on the 'door.' And let's not forget the racial angle:
    Witnesses claim it was a scene sparked by the Wichita Fire Department.
    "I think the fire marshal wanted to do it because he doesn't like Mexicans or something," said Miguel Banuelos.
    "The fire marshal had been out here six times in the last three months and I can't think of one time they've been out here in the last 20 years prior to that," said Leslie.


    Re: 'Great White' Band Manager Gets 4 Years in R.I (none / 0) (#10)
    by Dom on Wed May 10, 2006 at 04:54:54 PM EST
    Why does everyone have to leave so 'officials' can make a count? They can count the gate, they can check crowd density in a small area and multiply it, they can walk thru and make a rough head count.
    It sounds like that's what they did:
    The fire department said it was because of that large crowd the count needed to happen. A preliminary look led them to believe The Cotillion was over capacity.
    If everyone had paid for a ticket, then how could some officials decide which people, and exactly how many, should leave? I think Patrick is right when he says
    if [fire inspectors] had raided the place with police to shut it down, they would have been villainized as well
    Anyway, when you plan a show, does the venue tell you exactly what their capacity is? Are they usually honest, or do you have to check with the local fire department? The owners of the Station in Rhode Island apparently lied to the band.
    I know, because that's how we made sure club owners weren't cheating us on the 'door.'
    How often, if ever, did they try to cheat you?

    Dom, I've been there, you haven't. Your link clearly pointed out that the FD and cops only targeted a latino venue. When you deal with that we can talk about the subtext.
    How often, if ever, did they try to cheat you?
    Cheat is such a harsh word. Hey, the doorman lets his girlfriend in, and she gets her friends in because he wants to keep the tap flowing. The club security (AKA bouncer in this venue) lets them in, and tells his buddy the doorman to let his friends in. The manager tells his friends come on down! with your dates. Our deal is we get 90% of the door. 650 people paid. 300 didn't. We get paid a fee and a cut of the 'door.' The door is how many folks walked thru the door to see the band, not how many paid to walk thru the door. That's why we send our people to confirm the count. Good fences make good neighbors. In the larger sense; does the band know the max populi of a venue? NO, and we don't care. Our mission is to play to the most people and give them the best show we can.

    The band brought in the pyrotechnics, not this guy.

    Re: 'Great White' Band Manager Gets 4 Years in R.I (none / 0) (#13)
    by roy on Wed May 10, 2006 at 09:24:22 PM EST
    kdog,
    I don't know roy, if the tragedy of 100 dead concert goers isn't enough of a deterrent, I don't see what this prison sentence is going to accomplish.
    Criminal laws aren't written to motivate people who have a strong sense of responsibility and morality. They're written to motivate people who value four years of their own freedom more highly than 100 strangers' lives.

    scarshapedstar, if by 'the band' you mean the musicians, I disagree on so many levels. But basically, if you're doing a club tour, the road manager, the sound engineer, the LD, the guitar tech, the drum tech and the players are 'the band.' We might be divded amongst ourselves, but we were always united when a bandmate was threatened. Whether you are in Bumfreak Idaho or East Jesus New Jersey ya gotta stick together on a club tour. And I seriously doubt whether the musicians in this case carried much of anything, but a memeber of the band set them off. Like I said, it sucks all the way round. Sorry scar, I wasn't trying to gainsay you, it's just that for me ... there but for the grace of god go I.

    Re: 'Great White' Band Manager Gets 4 Years in R.I (none / 0) (#15)
    by kdog on Thu May 11, 2006 at 06:48:20 AM EST
    I hear ya roy, but wasn't the original tragedy enough of a deterrent for the simple fact it is bad business to get your customer's killed? I still say it's harsh and serves no benefit.

    Re: 'Great White' Band Manager Gets 4 Years in R.I (none / 0) (#16)
    by Joe Bob on Thu May 11, 2006 at 10:48:09 AM EST
    Based on what I've been able to parse together from various news accounts, there was a permit required for the pyrotechnics. The permit was not obtained, though who is at fault for that is unclear to me. Seems to me that if Biechele is criminally liable, then so are all the members of the band as well as the club operators. Speaking of the club owners, I don't see them getting out of this without jail time. Building materials, such as soundproofing foam, are rated for things like flame spread and smoke production. The foam played a key role in the deadliness of the fire. Obviously, this foam didn't comply with how it was used, and whomever installed it wasn't aware of the building code or chose to ignore it. As for the liability of the fire inspector, I would be surprised if there is any at all. Just as it is the individual's responsibility to obey the law even when the police aren't watching, the onus of meeting the building code falls on the property owner or whoever performed whatever work that is subject to the building code. Just as we don't expect police to prevent every crime or catch every criminal, you don't rely on building inspectors to catch every code violation. Granted, you can't expect a small business owner to be aware of every intricacy of the building code, but that's what licensed contractors are for. Actually, I would expect nightclub owners to be more cognizant of these things than most. Assembly spaces like concert venues are subject to more stringent rules than most other occupancies.

    Re: 'Great White' Band Manager Gets 4 Years in R.I (none / 0) (#17)
    by jimcee on Thu May 11, 2006 at 05:41:16 PM EST
    Rocker, Having worked in the business myself you are correct. Et al, I give the fellow credit for being the only person to take responsibility for this tragedy and his sentence is about right regardless of the victim's families wishes for a more severe sentence.