The Station nightclub fire
Encyclopedia
The Station nightclub fire was the fourth deadliest nightclub fire in American history, killing 100 people. The fire began at 11:07 PM EST
, on Thursday, February 20, 2003, at The Station, a glam metal
and rock n roll
themed nightclub located at 211 Cowesett Avenue in West Warwick, Rhode Island
.
The fire was caused by pyrotechnics
set off by the tour manager of the evening's headlining band, Great White
, which ignited flammable sound insulation foam in the walls and ceilings surrounding the stage. A fast-moving fire engulfed the club in 5½ minutes. Some 230 people were injured and another 132 escaped uninjured. Video footage of the fire shows its initial growth, billowing smoke that quickly made escape impossible, and the exit blockage that further hindered evacuation.
The fire started just seconds into headlining band Great White
's opening song, "Desert Moon," when pyrotechnics set off by the band's tour manager
, Daniel Biechele, ignited flammable acoustic foam
on both sides of the drummer's alcove at the back of the stage. The pyrotechnics were gerbs, cylindrical devices that produce a controlled spray of sparks. Biechele used three gerbs set to spray sparks 15 feet (4.6 m) for 15 seconds. Two gerbs were at 45-degree angles, with the middle one pointing straight up. The flanking gerbs became the principal cause of the fire.
The flames were at first thought to be part of the act; only as the fire reached the ceiling and smoke began to billow did people realize it was uncontrolled. Twenty seconds after the pyrotechnics ended, the band stopped playing and lead singer Jack Russell calmly remarked into the microphone, "Wow...that's not good." In less than a minute, the entire stage was engulfed in flames, with most of the band members and entourage fleeing for the west exit by the stage.
By this time, the nightclub's Wheelock AS
fire alarm system had made everyone acutely aware of the impending danger, and, although there were four possible exits, most people naturally headed for the front door through which they had entered. The ensuing stampede
led to a crush in the narrow hallway leading to that exit, quickly blocking the exit completely and resulting in numerous deaths and injuries among the patrons and staff. Of the 462 in attendance, 100 lost their lives, and about half were injured, either from burns
, smoke inhalation
, or trampling. Among those who perished in the fire were Great White
's lead guitarist, Ty Longley
, and the show's emcee, WHJY
DJ Mike "The Doctor" Gonsalves.
The fire, from its inception, was caught on videotape
by cameraman Brian Butler for WPRI-TV
of Providence
, and the beginning of the tape was released to national news stations. Butler was there for a planned piece on nightclub safety being reported by Jeffrey Derderian, a WPRI news reporter who was also a part-owner of The Station. WPRI-TV would later be cited for conflict of interest
in having a reporter do a report concerning his own property. The report had been inspired by the E2 nightclub stampede
in Chicago that had claimed 21 lives only four days earlier. At the scene of the fire, Butler gave this account of the tragedy:
declared a moratorium
on pyrotechnic displays at venues that hold fewer than 300 people.
Five months after the fire, Great White
started a benefit tour, saying a prayer at the beginning of each concert for the friends and families touched by that fateful night and giving a portion of the proceeds to the Station Family Fund. The band said they would never play the song "Desert Moon" again. "I don't think I could ever sing that song again," said lead singer and founder Jack Russell. Guitarist Mark Kendall stated, "We haven't played that song. Things that bring back memories of that night we try to stay away from. And that song reminds us of that night. We haven't played it since then and probably never will." The band has since resumed playing the song.
The fire was the deadliest in the United States since the 1977 Southgate, Kentucky
, Beverly Hills Supper Club fire
that claimed 165 lives. The worst nightclub fire occurred on November 28, 1942, in Boston at the Cocoanut Grove
, where 492 died after paper decorations caught fire. The Rhythm Night Club Fire
in Natchez, Mississippi
, claimed the lives of approximately 209 persons during a dance on April 23, 1940. The Station fire exceeded the death toll of 87 in the March 25, 1990 Happyland Fire in the Bronx
, New York City
.
Currently, the site of the fire is an empty lot, with the exception of a multitude of crosses, memorials left by loved ones of the deceased. Surviving family members have announced their intention to acquire the site and erect a permanent memorial.
On May 20, 2003, nondenominational services began to be held at the site of the fire on a monthly basis. Family members and friends gathered to memorialize their loved ones. In June 2003, the Station Fire Memorial Foundation was formed with the purpose of purchasing the property, building and maintaining a memorial. The Foundation continues to hold yearly services on the site, near the anniversary of the fire.
, club owners said they did not give permission to the band to use pyrotechnics. Band members claimed they had permission.
While investigators focused on the foam material that had been installed behind the stage, claiming the foam was intended for use in packaging and product display, testimony available to the public contradicts this. Testimony by Barry Warner, the salesman from American Foam who sold the foam to the Derderians, confirmed that there was a sales order for high-density acoustic soundproofing foam. Chemical analysis of the actual foam that was in the nightclub on the evening of the fire was never released to the public. A roll of foam confiscated from the basement of the nightclub after the fire was removed by the ATF
but the testing done on that specific foam was never released to the public. Witnesses to the fire reported that once ignited, flames spread across the foam at approximately one foot per second.
A National Institute of Standards and Technology (NIST) investigation of the fire, using computer simulations with FDS
and a mock-up of the stage
area and dance floor, concluded that a sprinkler system
would have contained the fire long enough to give everyone time to get out safely. However, because of the building's age (built in 1946) and size (4,484 square feet (404 m²)), many believed the Station to be exempt from sprinkler system requirements. In fact, the building had undergone an occupancy
change when it was converted from a restaurant to a nightclub. This change dissolved its exemption from the law, a fact that West Warwick fire inspectors never noticed. On the night in question, the Station was legally required to have a sprinkler system but did not; outcry over the event has sparked calls for a national Fire Sprinkler Incentive Act
but those efforts have so far stalled.
On December 9, 2003, brothers Jeffrey A. and Michael A. Derderian, the two owners of The Station nightclub, and Daniel M. Biechele, Great White's former road manager, were charged with 200 counts of involuntary manslaughter — two per death, because they were indicted under two separate theories of the crime: criminal-negligence
manslaughter
(resulting from a legal act in which the accused ignores the risks to others and someone is killed) and misdemeanor
manslaughter
(resulting from a petty crime that causes a death). All three pleaded not guilty to the charges. The Derderians also were fined $1.07 million for failing to carry workers' compensation
insurance for their employees, four of whom died in the blaze.
's tour manager at the time, Daniel Michel Biechele , 29, from Orlando, Florida. This trial was scheduled to start May 1, 2006, but Biechele, against his lawyers' advice, pled guilty to 100 counts of involuntary manslaughter on February 7, 2006, in what he said was an effort to "bring peace, I want this to be over with."
Superior Court Judge Francis J. Darigan sentenced Biechele to 15 years in prison, with four to serve and 11 years suspended, plus three years probation, for his role in the fire. Darigan remarked, "The greatest sentence that can be imposed on you has been imposed on you by yourself." Under this sentence, with good behavior, Biechele would be eligible for parole in September 2007. Judge Darigan deemed Biechele highly unlikely to re-offend, which was among the mitigating factor
s that led to his decision to impose this sentence.
The sentence drew mixed reactions in the courtroom. Many of the families believed that the punishment was just; others had hoped for a more severe sentence.
Leland Hoisington, whose 28-year-old daughter, Abbie, was killed in the fire, told reporters, "I think they should not even bother with a hearing -- just let Biechele out... I just don't find him as guilty of anything." The state parole board received approximately 20 letters, the majority of which expressed their sympathy and support for Biechele, some going as far as to describe him as a "scapegoat" with limited responsibility.
Board chairwoman Lisa Holley told journalists of her surprise at the forgiving attitude of the families, saying, "I think the most overwhelming part of it for me was the depth of forgiveness of many of these families that have sustained such a loss."
Dave Kane and Joanne O'Neill, parents of youngest victim Nicholas O'Neill
, released their letter to the board to reporters. "In the period following this tragedy, it was Mr. Biechele, alone, who stood up and admitted responsibility for his part in this horrible event... He apologized to the families of the victims and made no attempt to mitigate his guilt," the letter said.
Others pointed out that Biechele had sent handwritten letters to the families of each of the 100 victims and that he had a work release position in a local charity.
On September 19, 2007, the Rhode Island Parole Board announced that Biechele would be released in March 2008.
Biechele was released from prison on March 19, 2008. As reported by the Associated Press, he did not answer any questions and was quickly whisked away in a waiting car.
thereby avoiding a trial. Michael Derderian received 15 years in prison, with four to serve and 11 years suspended, plus three years probation—the same sentence as Biechele. Jeffrey Derderian received a 10-year suspended sentence, three years probation, and 500 hours of community service.
In a letter to the victims' families, Judge Darigan said that a trial "would only serve to further traumatize and victimize not only the loved ones of the deceased and the survivors of this fire, but the general public as well." He added that the difference in the brothers' sentences reflected their respective involvement with the purchase and installation of the flammable foam.
Rhode Island Attorney General Patrick C. Lynch
objected strenuously to the plea bargain, saying that both brothers should have received jail time and that Michael Derderian should have received more time than Biechele.
In January 2008, the Parole Board decided to grant Michael Derderian an early release; he was scheduled to be released from prison in September 2009, but was granted his release in June 2009 for good behavior.
In February 2008, Providence television station WPRI-TV
made an out-of-court settlement of US $
30 million as a result of the claim that their video journalist was said to be obstructing escape and not helping people exit. WPRI-TV (owned by LIN Broadcasting) was filming a story on nightclub tragedies, and was there that night to film as part of their story.
In late March 2008, JBL
Speakers settled out of court for $815,000. JBL was accused of using flammable foam inside their speakers. The company denied any wrongdoing.
Anheuser-Busch
has offered $5 million, McLaughlin & Moran, Anheuser-Busch's distributor, has offered $16 million, Clear Channel Broadcasting has offered $22 million. Home Depot and insulation company Polar Industries has also made a settlement offer of $5 million.
Sealed Air Corporation agreed to pay $25 million as settlement. Sealed Air made soundproofing foam installed in the club. The State of Rhode Island and the town of West Warwick agreed to pay $10 million as settlement.
In September 2008 the band Great White offered $1 million in a settlement to survivors and victim's relatives, the maximum allowed under the band's insurance plan. Club owners Jeffrey and Michael Derderian have offered to settle for $813,000, which is to be covered by their insurance plan due to the pair having bankruptcy protection from lawsuits.
There are other named defendants who have not yet made a settlement offer including American Foam Corporation who sold the insulation to the Station Nightclub.
Eastern Standard Time
Eastern Standard Time may refer to:*North American Eastern Time Zone, UTC-5*Australian Eastern Standard Time, UTC+10*An album by Hip Hop group Kooley High...
, on Thursday, February 20, 2003, at The Station, a glam metal
Glam metal
Glam metal is a subgenre of hard rock and heavy metal that arose in the late 1970s and early 1980s in the United States, particularly on the Los Angeles Sunset Strip music scene...
and rock n roll
Rock N Roll
-Personnel:*Ryan Adams - Bass, Composer, Costume Design, Guitar, Keyboards, Multi Instruments, Vocals, Vocals *Billie Joe Armstrong - Vocals *Melissa Auf der Maur - Vocals...
themed nightclub located at 211 Cowesett Avenue in West Warwick, Rhode Island
West Warwick, Rhode Island
West Warwick is a town in Kent County, Rhode Island, United States. The population was 29,191 at the 2010 census.West Warwick was incorporated in 1913, making it the youngest town in the state. Prior to 1913, the town, situated on the western bank of the Pawtuxet River, was the population and...
.
The fire was caused by pyrotechnics
Pyrotechnics
Pyrotechnics is the science of using materials capable of undergoing self-contained and self-sustained exothermic chemical reactions for the production of heat, light, gas, smoke and/or sound...
set off by the tour manager of the evening's headlining band, Great White
Great White
Great White is an American hard rock band, formed in Los Angeles in 1978. The band gained popularity during the 1980s and early 1990s. The band released several albums in the late 1980s and gained airplay on MTV with music videos for songs like "Once Bitten, Twice Shy"...
, which ignited flammable sound insulation foam in the walls and ceilings surrounding the stage. A fast-moving fire engulfed the club in 5½ minutes. Some 230 people were injured and another 132 escaped uninjured. Video footage of the fire shows its initial growth, billowing smoke that quickly made escape impossible, and the exit blockage that further hindered evacuation.
Fire
Great White
Great White is an American hard rock band, formed in Los Angeles in 1978. The band gained popularity during the 1980s and early 1990s. The band released several albums in the late 1980s and gained airplay on MTV with music videos for songs like "Once Bitten, Twice Shy"...
's opening song, "Desert Moon," when pyrotechnics set off by the band's tour manager
Tour Manager
A tour manager is the person who helps to organize the administration for a schedule of appearances of a musical group or artist at a sequence of venues .-Background:...
, Daniel Biechele, ignited flammable acoustic foam
Soundproofing
Soundproofing is any means of reducing the sound pressure with respect to a specified sound source and receptor. There are several basic approaches to reducing sound: increasing the distance between source and receiver, using noise barriers to reflect or absorb the energy of the sound waves, using...
on both sides of the drummer's alcove at the back of the stage. The pyrotechnics were gerbs, cylindrical devices that produce a controlled spray of sparks. Biechele used three gerbs set to spray sparks 15 feet (4.6 m) for 15 seconds. Two gerbs were at 45-degree angles, with the middle one pointing straight up. The flanking gerbs became the principal cause of the fire.
The flames were at first thought to be part of the act; only as the fire reached the ceiling and smoke began to billow did people realize it was uncontrolled. Twenty seconds after the pyrotechnics ended, the band stopped playing and lead singer Jack Russell calmly remarked into the microphone, "Wow...that's not good." In less than a minute, the entire stage was engulfed in flames, with most of the band members and entourage fleeing for the west exit by the stage.
Cooper Wheelock
Cooper Wheelock is a Long Branch, New Jersey, company founded in 1922 specializing in fire alarm and general signaling products. The company is known as an industry leader in fire and industrial signals...
fire alarm system had made everyone acutely aware of the impending danger, and, although there were four possible exits, most people naturally headed for the front door through which they had entered. The ensuing stampede
Stampede
A stampede is an act of mass impulse among herd animals or a crowd of people in which the herd collectively begins running with no clear direction or purpose....
led to a crush in the narrow hallway leading to that exit, quickly blocking the exit completely and resulting in numerous deaths and injuries among the patrons and staff. Of the 462 in attendance, 100 lost their lives, and about half were injured, either from burns
Burn (injury)
A burn is a type of injury to flesh caused by heat, electricity, chemicals, light, radiation or friction. Most burns affect only the skin . Rarely, deeper tissues, such as muscle, bone, and blood vessels can also be injured...
, smoke inhalation
Smoke inhalation
Smoke inhalation is the primary cause of death in victims of indoor fires.Smoke inhalation injury refers to injury due to inhalation or exposure to hot gaseous products of combustion. This can cause serious respiratory complications....
, or trampling. Among those who perished in the fire were Great White
Great White
Great White is an American hard rock band, formed in Los Angeles in 1978. The band gained popularity during the 1980s and early 1990s. The band released several albums in the late 1980s and gained airplay on MTV with music videos for songs like "Once Bitten, Twice Shy"...
's lead guitarist, Ty Longley
Ty Longley
Ty Longley was an American guitarist and vocalist. He was born in Sharon, Pennsylvania, and graduated from Brookfield High School in Brookfield, Ohio....
, and the show's emcee, WHJY
WHJY
WHJY is a commercial radio station in Providence, Rhode Island owned by Clear Channel that broadcasts at 94.1 MHz. .WHJY plays classic and mainstream rock - a radio format known as "active rock", and has been doing so since September 4, 1981...
DJ Mike "The Doctor" Gonsalves.
The fire, from its inception, was caught on videotape
Videotape
A videotape is a recording of images and sounds on to magnetic tape as opposed to film stock or random access digital media. Videotapes are also used for storing scientific or medical data, such as the data produced by an electrocardiogram...
by cameraman Brian Butler for WPRI-TV
WPRI-TV
WPRI-TV is the CBS-affiliated television station for the state of Rhode Island and Bristol County, Massachusetts that is licensed to Providence. It broadcasts a high definition digital signal on VHF channel 13 from a transmitter on Homestead Avenue in Rehoboth, Massachusetts...
of Providence
Providence, Rhode Island
Providence is the capital and most populous city of Rhode Island and was one of the first cities established in the United States. Located in Providence County, it is the third largest city in the New England region...
, and the beginning of the tape was released to national news stations. Butler was there for a planned piece on nightclub safety being reported by Jeffrey Derderian, a WPRI news reporter who was also a part-owner of The Station. WPRI-TV would later be cited for conflict of interest
Conflict of interest
A conflict of interest occurs when an individual or organization is involved in multiple interests, one of which could possibly corrupt the motivation for an act in the other....
in having a reporter do a report concerning his own property. The report had been inspired by the E2 nightclub stampede
2003 E2 nightclub stampede
The E2 nightclub stampede occurred on February 17, 2003, at the E2 nightclub located above the Epitome Chicago restaurant in Chicago, Illinois, in which 21 people died and more than 50 were injured when panic ensued from the use of pepper spray by security guards to break up a fight...
in Chicago that had claimed 21 lives only four days earlier. At the scene of the fire, Butler gave this account of the tragedy:
Aftermath
Thousands of mourners attended a memorial service at St. Gregory the Great Church in Warwick on February 24, 2003, to remember those lost in the fire. Following the tragedy, Governor Donald CarcieriDonald Carcieri
Donald L. "Don" Carcieri was the 73rd Governor of the U.S. state of Rhode Island. Carcieri has had a varied vocational background, having worked as a manufacturing company executive, aid relief worker, bank executive and teacher.-Personal background:...
declared a moratorium
Moratorium (law)
A moratorium is a delay or suspension of an activity or a law. In a legal context, it may refer to the temporary suspension of a law to allow a legal challenge to be carried out....
on pyrotechnic displays at venues that hold fewer than 300 people.
Great White
Great White is an American hard rock band, formed in Los Angeles in 1978. The band gained popularity during the 1980s and early 1990s. The band released several albums in the late 1980s and gained airplay on MTV with music videos for songs like "Once Bitten, Twice Shy"...
started a benefit tour, saying a prayer at the beginning of each concert for the friends and families touched by that fateful night and giving a portion of the proceeds to the Station Family Fund. The band said they would never play the song "Desert Moon" again. "I don't think I could ever sing that song again," said lead singer and founder Jack Russell. Guitarist Mark Kendall stated, "We haven't played that song. Things that bring back memories of that night we try to stay away from. And that song reminds us of that night. We haven't played it since then and probably never will." The band has since resumed playing the song.
The fire was the deadliest in the United States since the 1977 Southgate, Kentucky
Southgate, Kentucky
Southgate is a city in Campbell County, Kentucky, United States, a part of metropolitan Cincinnati, Ohio. The population was 3,472 at the 2000 census.-History:...
, Beverly Hills Supper Club fire
Beverly Hills Supper Club fire
The Beverly Hills Supper Club fire in Southgate, Kentucky is the third deadliest nightclub fire in U.S. history. It occurred on the night of May 28, 1977, during the Memorial Day weekend...
that claimed 165 lives. The worst nightclub fire occurred on November 28, 1942, in Boston at the Cocoanut Grove
Cocoanut Grove fire
The Cocoanut Grove was Boston's premier nightclub during the post-Prohibition 1930s and 40s. On November 28, 1942, occurred the scene of what remains the deadliest nightclub fire, killing 492 people and injuring hundreds more...
, where 492 died after paper decorations caught fire. The Rhythm Night Club Fire
Rhythm Night Club Fire
The Rhythm Club fire aka The Natchez Dance Hall Holocaust was a conflagration resulting in the death or serious injury of hundreds of people who became trapped inside a one-story steel-clad wooden building in Natchez, Mississippi, United States on the night of April 23, 1940.Over 700 people were in...
in Natchez, Mississippi
Natchez, Mississippi
Natchez is the county seat of Adams County, Mississippi, United States. With a total population of 18,464 , it is the largest community and the only incorporated municipality within Adams County...
, claimed the lives of approximately 209 persons during a dance on April 23, 1940. The Station fire exceeded the death toll of 87 in the March 25, 1990 Happyland Fire in the Bronx
The Bronx
The Bronx is the northernmost of the five boroughs of New York City. It is also known as Bronx County, the last of the 62 counties of New York State to be incorporated...
, New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
.
Currently, the site of the fire is an empty lot, with the exception of a multitude of crosses, memorials left by loved ones of the deceased. Surviving family members have announced their intention to acquire the site and erect a permanent memorial.
On May 20, 2003, nondenominational services began to be held at the site of the fire on a monthly basis. Family members and friends gathered to memorialize their loved ones. In June 2003, the Station Fire Memorial Foundation was formed with the purpose of purchasing the property, building and maintaining a memorial. The Foundation continues to hold yearly services on the site, near the anniversary of the fire.
Investigation
In the days after the fire, there were considerable efforts to assign and avoid blame on the part of the band, the nightclub owners, the manufacturers and distributors of the foam material and pyrotechnics, and the concert promoters. Through attorneysLawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
, club owners said they did not give permission to the band to use pyrotechnics. Band members claimed they had permission.
While investigators focused on the foam material that had been installed behind the stage, claiming the foam was intended for use in packaging and product display, testimony available to the public contradicts this. Testimony by Barry Warner, the salesman from American Foam who sold the foam to the Derderians, confirmed that there was a sales order for high-density acoustic soundproofing foam. Chemical analysis of the actual foam that was in the nightclub on the evening of the fire was never released to the public. A roll of foam confiscated from the basement of the nightclub after the fire was removed by the ATF
Bureau of Alcohol, Tobacco, Firearms and Explosives
The Bureau of Alcohol, Tobacco, Firearms and Explosives is a federal law enforcement organization within the United States Department of Justice...
but the testing done on that specific foam was never released to the public. Witnesses to the fire reported that once ignited, flames spread across the foam at approximately one foot per second.
A National Institute of Standards and Technology (NIST) investigation of the fire, using computer simulations with FDS
Fire Dynamics Simulator
Fire Dynamics Simulator is a computational fluid dynamics model of fire-driven fluid flow. The software solves numerically a large eddy simulation form of the Navier-Stokes equations appropriate for low-speed, thermally-driven flow, with an emphasis on smoke and heat transport from fires.FDS is...
and a mock-up of the stage
Stage (theatre)
In theatre or performance arts, the stage is a designated space for the performance productions. The stage serves as a space for actors or performers and a focal point for the members of the audience...
area and dance floor, concluded that a sprinkler system
Fire sprinkler
A fire sprinkler system is an active fire protection measure, consisting of a water supply system, providing adequate pressure and flowrate to a water distribution piping system, onto which fire sprinklers are connected...
would have contained the fire long enough to give everyone time to get out safely. However, because of the building's age (built in 1946) and size (4,484 square feet (404 m²)), many believed the Station to be exempt from sprinkler system requirements. In fact, the building had undergone an occupancy
Occupancy
Occupancy in building construction and building codes is the use or intended use of a building or part thereof for the shelter or support of persons, animals or property. A closely related meaning is the number of units in such a building that are rented or leased, or otherwise in-use...
change when it was converted from a restaurant to a nightclub. This change dissolved its exemption from the law, a fact that West Warwick fire inspectors never noticed. On the night in question, the Station was legally required to have a sprinkler system but did not; outcry over the event has sparked calls for a national Fire Sprinkler Incentive Act
Fire Sprinkler Incentive Act
The Fire Sprinkler Incentive Act is the name of proposed legislation in both the House and Senate . The legislation would amend the 1986 Internal Revenue Code by classifying fire sprinkler retrofits as a five year property for purposes of depreciation...
but those efforts have so far stalled.
On December 9, 2003, brothers Jeffrey A. and Michael A. Derderian, the two owners of The Station nightclub, and Daniel M. Biechele, Great White's former road manager, were charged with 200 counts of involuntary manslaughter — two per death, because they were indicted under two separate theories of the crime: criminal-negligence
Criminal negligence
In the criminal law, criminal negligence is one of the three general classes of mens rea element required to constitute a conventional as opposed to strict liability offense. It is defined as an act that is:-Concept:...
manslaughter
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
(resulting from a legal act in which the accused ignores the risks to others and someone is killed) and misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
manslaughter
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
(resulting from a petty crime that causes a death). All three pleaded not guilty to the charges. The Derderians also were fined $1.07 million for failing to carry workers' compensation
Workers' compensation
Workers' compensation is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence...
insurance for their employees, four of whom died in the blaze.
Band manager's trial
The first criminal trial was against Great WhiteGreat White
Great White is an American hard rock band, formed in Los Angeles in 1978. The band gained popularity during the 1980s and early 1990s. The band released several albums in the late 1980s and gained airplay on MTV with music videos for songs like "Once Bitten, Twice Shy"...
's tour manager at the time, Daniel Michel Biechele , 29, from Orlando, Florida. This trial was scheduled to start May 1, 2006, but Biechele, against his lawyers' advice, pled guilty to 100 counts of involuntary manslaughter on February 7, 2006, in what he said was an effort to "bring peace, I want this to be over with."
Biechele sentencing
On May 10, 2006, State Prosecutor Randall White asked to sentence Biechele to 10 years in prison, the maximum allowed under the plea bargain, citing the massive loss of life in The Station fire and the need to send a message. Speaking to the public for the first time since the fire, Biechele appeared remorseful during his sentencing. Choking back tears, he made a statement to the court and to the families of the victims.
Biechele's statement to the court
Superior Court Judge Francis J. Darigan sentenced Biechele to 15 years in prison, with four to serve and 11 years suspended, plus three years probation, for his role in the fire. Darigan remarked, "The greatest sentence that can be imposed on you has been imposed on you by yourself." Under this sentence, with good behavior, Biechele would be eligible for parole in September 2007. Judge Darigan deemed Biechele highly unlikely to re-offend, which was among the mitigating factor
Mitigating factor
A mitigating factor, in law, is any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sentence.-Death penalty in the United States:...
s that led to his decision to impose this sentence.
The sentence drew mixed reactions in the courtroom. Many of the families believed that the punishment was just; others had hoped for a more severe sentence.
Biechele's parole supported by families of victims
On September 4, 2007, some families of the fire's victims expressed their support for Biechele's parole.Leland Hoisington, whose 28-year-old daughter, Abbie, was killed in the fire, told reporters, "I think they should not even bother with a hearing -- just let Biechele out... I just don't find him as guilty of anything." The state parole board received approximately 20 letters, the majority of which expressed their sympathy and support for Biechele, some going as far as to describe him as a "scapegoat" with limited responsibility.
Board chairwoman Lisa Holley told journalists of her surprise at the forgiving attitude of the families, saying, "I think the most overwhelming part of it for me was the depth of forgiveness of many of these families that have sustained such a loss."
Dave Kane and Joanne O'Neill, parents of youngest victim Nicholas O'Neill
Nicholas O'Neill
Nicholas O'Neill was the youngest of the 100 victims of The Station nightclub fire, which occurred in West Warwick, Rhode Island.. He had turned 18 in January of that year...
, released their letter to the board to reporters. "In the period following this tragedy, it was Mr. Biechele, alone, who stood up and admitted responsibility for his part in this horrible event... He apologized to the families of the victims and made no attempt to mitigate his guilt," the letter said.
Others pointed out that Biechele had sent handwritten letters to the families of each of the 100 victims and that he had a work release position in a local charity.
On September 19, 2007, the Rhode Island Parole Board announced that Biechele would be released in March 2008.
Biechele was released from prison on March 19, 2008. As reported by the Associated Press, he did not answer any questions and was quickly whisked away in a waiting car.
Nightclub owners' trial
Following Biechele's trial, the Station's owners, Michael and Jeffrey Derderian, were scheduled to receive separate trials. However, on September 21, 2006, Superior Court Judge Francis J. Darigan announced that the brothers had changed their pleas from "not guilty" to "no contest,"Nolo contendere
is a legal term that comes from the Latin for "I do not wish to contend." It is also referred to as a plea of no contest.In criminal trials, and in some common law jurisdictions, it is a plea where the defendant neither admits nor disputes a charge, serving as an alternative to a pleading of...
thereby avoiding a trial. Michael Derderian received 15 years in prison, with four to serve and 11 years suspended, plus three years probation—the same sentence as Biechele. Jeffrey Derderian received a 10-year suspended sentence, three years probation, and 500 hours of community service.
In a letter to the victims' families, Judge Darigan said that a trial "would only serve to further traumatize and victimize not only the loved ones of the deceased and the survivors of this fire, but the general public as well." He added that the difference in the brothers' sentences reflected their respective involvement with the purchase and installation of the flammable foam.
Rhode Island Attorney General Patrick C. Lynch
Patrick C. Lynch
Patrick C. Lynch is Rhode Island's Attorney General. He has overseen the investigation and prosecution of the second-deadliest fire in Rhode Island history and also successfully sued former lead paint manufacturers for cleanup costs associated with their old products...
objected strenuously to the plea bargain, saying that both brothers should have received jail time and that Michael Derderian should have received more time than Biechele.
In January 2008, the Parole Board decided to grant Michael Derderian an early release; he was scheduled to be released from prison in September 2009, but was granted his release in June 2009 for good behavior.
Civil settlements by other defendants
As of August 2008, nearly $175 million has been offered to the families of the victims of the fire by various defendants in settlement.In February 2008, Providence television station WPRI-TV
WPRI-TV
WPRI-TV is the CBS-affiliated television station for the state of Rhode Island and Bristol County, Massachusetts that is licensed to Providence. It broadcasts a high definition digital signal on VHF channel 13 from a transmitter on Homestead Avenue in Rehoboth, Massachusetts...
made an out-of-court settlement of US $
United States dollar
The United States dollar , also referred to as the American dollar, is the official currency of the United States of America. It is divided into 100 smaller units called cents or pennies....
30 million as a result of the claim that their video journalist was said to be obstructing escape and not helping people exit. WPRI-TV (owned by LIN Broadcasting) was filming a story on nightclub tragedies, and was there that night to film as part of their story.
In late March 2008, JBL
JBL
JBL is an American audio electronics company currently owned by Harman International. It was founded in 1946 by James Bullough Lansing. Their primary products are loudspeakers and associated electronics. There are two independent divisions within the company — JBL Consumer and JBL Professional...
Speakers settled out of court for $815,000. JBL was accused of using flammable foam inside their speakers. The company denied any wrongdoing.
Anheuser-Busch
Anheuser-Busch
Anheuser-Busch Companies, Inc. , is an American brewing company. The company operates 12 breweries in the United States and 18 in other countries. It was, until December 2009, also one of America's largest theme park operators; operating ten theme parks across the United States through the...
has offered $5 million, McLaughlin & Moran, Anheuser-Busch's distributor, has offered $16 million, Clear Channel Broadcasting has offered $22 million. Home Depot and insulation company Polar Industries has also made a settlement offer of $5 million.
Sealed Air Corporation agreed to pay $25 million as settlement. Sealed Air made soundproofing foam installed in the club. The State of Rhode Island and the town of West Warwick agreed to pay $10 million as settlement.
In September 2008 the band Great White offered $1 million in a settlement to survivors and victim's relatives, the maximum allowed under the band's insurance plan. Club owners Jeffrey and Michael Derderian have offered to settle for $813,000, which is to be covered by their insurance plan due to the pair having bankruptcy protection from lawsuits.
There are other named defendants who have not yet made a settlement offer including American Foam Corporation who sold the insulation to the Station Nightclub.
News articles
- RI Club Fire Figure Released From Prison USA TodayUSA TodayUSA Today is a national American daily newspaper published by the Gannett Company. It was founded by Al Neuharth. The newspaper vies with The Wall Street Journal for the position of having the widest circulation of any newspaper in the United States, something it previously held since 2003...
, March 19, 2008 - Inferno Horror at the Fire Station, Hammernews, February 21-March 14, 2003
- Nightclub owners, band's tour manager charged in deadly fire, Associated PressAssociated PressThe Associated Press is an American news agency. The AP is a cooperative owned by its contributing newspapers, radio and television stations in the United States, which both contribute stories to the AP and use material written by its staff journalists...
, December 9, 2003 - Governor: Examinations Of Nightclub Victims Complete, WJAR-TV Rhode Island, February 24, 2003
- 96 Dead in Fire Ignited at Rhode Island Club, The New York TimesThe New York TimesThe New York Times is an American daily newspaper founded and continuously published in New York City since 1851. The New York Times has won 106 Pulitzer Prizes, the most of any news organization...
, February 23, 2003 - R.I. Nightclub Fire Kills 96, Washington Post, February 22, 2003
- Club, band dispute permission to use fireworks, CNNCNNCable News Network is a U.S. cable news channel founded in 1980 by Ted Turner. Upon its launch, CNN was the first channel to provide 24-hour television news coverage, and the first all-news television channel in the United States...
, February 22, 2003 - 1st Criminal Trial WJARWJARWJAR is the NBC-affiliated television station for the state of Rhode Island and Bristol County, Massachusetts licensed to Providence. It broadcasts a high definition digital signal on UHF channel 51 from a transmitter in Rehoboth, Massachusetts...
, 2005-12-12 - Guilty Plea WJARWJARWJAR is the NBC-affiliated television station for the state of Rhode Island and Bristol County, Massachusetts licensed to Providence. It broadcasts a high definition digital signal on UHF channel 51 from a transmitter in Rehoboth, Massachusetts...
, 2006-01-31
Other links
- Boston Globe: "Portraits of People who Died in the R.I Nightclub Fire" 2003
- Station Family Fund The Station Family Fund founded in 2003 is an all volunteer non profit founded by survivors of the fire in the aftermath of the Station nightclub fire to meet the needs of the survivors and victims families
- Station Fire Memorial Foundation The Station Fire Memorial Foundation site. Includes a full list of the victims.
- Great White performance rider, The Smoking GunThe Smoking GunThe Smoking Gun is a website that posts legal documents, arrest records, and police mugshots on a daily basis. The intent is to bring to the public light information that is damning, shocking, outrageous, or amazing, yet also somewhat obscure or unreported by more mainstream media sources...
. - Continuing detailed coverage by the Providence Journal Including: an investigation of the town's fire, police, and building inspection processes; the National Institute of Standards and TechnologyNational Institute of Standards and TechnologyThe National Institute of Standards and Technology , known between 1901 and 1988 as the National Bureau of Standards , is a measurement standards laboratory, otherwise known as a National Metrological Institute , which is a non-regulatory agency of the United States Department of Commerce...
report on the fire; a report of the emergency response to the fire; dangers of polyurethane foam in furniture, mattresses, pillows, and carpet padding; profiles of the club's owners; and the indictment and civil complaint documents. Free registration required. - National Fire Protection Association web page Nightclubs/assembly occupancies Includes a report on the fire, links to nightclub safety tips, information on safe use of pyrotechnics, and other relevant information.
- NIST simulations of the fire: without sprinklers; with sprinklers The story of the fire's youngest victim, Nick O'Neill
- Full NIST government investigation: http://www.nist.gov/public_affairs/releases/Vol_I_NCSTAR2.pdf