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Prosecutors Urge 10-Year Term in R.I. Fire - SENTENCED to 15 Years, 11 years suspended, 3 yrs. Prob.
AP on Yahoo ^ | 5/10/06 | Eric Tucker - ap

Posted on 05/10/2006 1:32:59 PM PDT by NormsRevenge

PROVIDENCE, R.I. - Prosecutors urged a judge Wednesday to send a former rock-band manager to prison for 10 years for setting off the pyrotechnics that caused a nightclub fire that killed 100 people.

"The devastation wrought by the conduct of the defendant is unparalleled in our state's history," prosecutor Randall White said, choking up at times. He added: "The suffering is endless, and the extent and depth of the pain is bottomless."

Daniel Biechele's attorney, Thomas Briody, argued that his client deserves mercy — in the form of community service, with no prison time — and feels immense sorrow for his role in the blaze.

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

Biechele, 29, was the tour manager for the band Great White the night of Feb. 20, 2003, when he lit a pyrotechnics display that ignited flammable foam lining the walls and ceiling of The Station nightclub in West Warwick. Flames and toxic smoke quickly engulfed the club.

Families of nearly half the people killed spent two days offering Superior Court Judge Frances Darigan Jr. anguished testimony about the lives shattered by the tragedy.

Claire Bruyere, whose daughter, Bonnie Lynn Hamelin, 27, was among those killed, said her daughter was her best friend.

"Now all I have to look forward to is death, so we can be together again," Bruyere said.

Prosecutors asked for the maximum sentence allowed under a deal they struck with Biechele in February, when he pleaded guilty to 100 counts of involuntary manslaughter.

The owners of club, brothers Jeffrey and Michael Derderian, are accused of installing the flammable foam. They have pleaded not guilty to 200 counts of involuntary manslaughter — two counts for each person killed, under separate legal theories.

Michael Derderian's trial is scheduled for July 31; no trial date has been set for his brother.


TOPICS: Crime/Corruption; Culture/Society; News/Current Events; US: Rhode Island
KEYWORDS: 10year; fire; greatwhite; greatwhitefire; prosecutors; rhodeisland; sentenced; term; urge
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To: Gordongekko909

"Sentencing someone for stupidity is tricky."

I agree. You want a sufficintly harsh penalty -- not so much to punish as to make an example for others. I'm sure that the band manager realized that he had f'd up, and was sorry for it, just as soon as it happened. The bar owners should get harsher penalties, in my book, for using flammable materials inside the club. The Cocoanut Grove fire was a long time ago, and not too far from R.I. I thought that the lessons learned in that fire would stay learned. Apparently not.


21 posted on 05/10/2006 1:54:46 PM PDT by Flash Bazbeaux
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To: Gordongekko909
Here's someone who got 10 years for seriously injuring someone while drunk driving.

http://www.recordcourier.com/article/20060510/News/105100014
22 posted on 05/10/2006 1:55:13 PM PDT by Atlas Sneezed (Your FRiendly FReeper Patent Attorney)
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To: All

AP Update

Ex-Band Manager Gets 4 Years in R.I. Fire
ERIC TUCKER, Associated Press Writer

http://news.yahoo.com/s/ap/20060510/ap_on_re_us/nightclub_fire


PROVIDENCE, R.I. - 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 and groans 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 grief so powerful that they could not get out of bed in the morning and looked forward to death to be reunited with their loved ones.

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.

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.

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


23 posted on 05/10/2006 1:56:24 PM PDT by NormsRevenge (Semper Fi)
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To: butternut_squash_bisque

2 more trials lay ahead, one for each of the club owners.


24 posted on 05/10/2006 1:57:11 PM PDT by NormsRevenge (Semper Fi)
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To: American Quilter

I've been following the case more or less .
I read the article and it just heart breaking, everybody looses in this situation. it almost brought me to tears reading about all these families loosing family members like that.


25 posted on 05/10/2006 1:58:33 PM PDT by 1FASTGLOCK45 (FreeRepublic: More fun than watching Dem'Rats drown like Turkeys in the rain! ! !)
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To: butternut_squash_bisque; NormsRevenge

Nevermind; I read the end of the article.

NOTE TO SELF: read whole article before posting!


26 posted on 05/10/2006 2:08:01 PM PDT by butternut_squash_bisque (The recipe's at my FR HomePage)
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To: butternut_squash_bisque

"Where are the club owners doing prison time?"

They have not yet been tried. Obviously their guilt is much greater than this man's. I suppose this sentence is just, he did not mean to harm anyone.

The owners however, they could be put away forever as far as I'm concerned. Anyone who locks a fire exit, for whatever reason, is responsible for anything bad that happens as a result of that. If you don't want folks sneaking in the exits hire a security person, if you can't afford to do that, get out of the business.


27 posted on 05/10/2006 2:08:14 PM PDT by jocon307 (The Silent Majority - silent no longer)
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To: weegee
How did that ever pass fire code inspection?

The textured shipping foam the cheap morons bought looks very much like molded acoustic foam panels.

28 posted on 05/10/2006 2:18:15 PM PDT by Gorzaloon
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To: NormsRevenge
There was a television news crew filming a documentary at the club on the night of the fire, I can't remember if they either had a live feed from the scene or if in the immediate aftermath they just let tape roll of the tragedy but I will never forget the sight of all those poor people wedged in the doorway of the club desperately pleading for help as the flames were engulfing them, it was horrific.

If the prosecution are allowed to play portions of the footage shot that night for a jury it's going to be hard for the club ownwer's to get off...

29 posted on 05/10/2006 2:20:49 PM PDT by Geronimo
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To: American Quilter
Hi American Quilter-

This tragic story strikes me as a normal guy who made a very careless decision while trying to enhance the rock n' roll entertainment for the crowd. Assuming he is not a sociopath, the thoughts that likely torment his every waking moment are probably relentless.

All things considered, I would categorize a robber who stabs someone to death in the commission of a crime to be the worse criminal. This guy didn't plan his night around how he could kill a bunch of people.

~ Blue Jays ~

30 posted on 05/10/2006 2:22:30 PM PDT by Blue Jays (Rock Hard, Ride Free)
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To: 1FASTGLOCK45
I read the article and it just heart breaking,...

It's a terrible tragedy, no doubt about it.

31 posted on 05/10/2006 2:31:11 PM PDT by American Quilter
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To: Blue Jays
All things considered, I would categorize a robber who stabs someone to death in the commission of a crime to be the worse criminal. This guy didn't plan his night around how he could kill a bunch of people.

Or even hurt anyone (assuming, as you say, he's not a sociopath). I agree with your assessment, Blue Jays. It's a terrible tragedy, and I'm sure the families' hearts will ache forever, but according to what you've written, they seem to realize it was an accident and not intentional.

32 posted on 05/10/2006 2:34:44 PM PDT by American Quilter
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To: Gordongekko909
Negligent homicide is weird like that. It involves someone doing something stupid that just happens to kill people by accident. Sentencing someone for stupidity is tricky.

I wasn't privvy to the original trial, but my understanding of involuntary manslaughter laws is that the prosecution must show that a reasonable person would have been able to foresee that the defendant's actions could cause death in roughly the same fashion that death actually occurred.

I would have argued (I don't know if the defense did) that while a reasonable person would have expected that the fireworks could cause a fire, a reasonable person would not have foreseen that such a fire could within three seconds grow beyond the abilities of fire extinguishers to deal with.

33 posted on 05/10/2006 4:13:16 PM PDT by supercat (Sony delenda est.)
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To: supercat

I don't know how Rhode Island's murder/manslaughter laws work, but that sounds about right. Accidentally discharging a gun and having the bullet fly a few blocks away and land on someone is negligent homicide / involuntary manslaughter (whatever your jurisdiction calls it); without getting into quantum of proof, I imagine that the standard for criminal negligence would be a bit higher than for civil negligence. I just can't see someone who designed a faulty gas tank or something being found guilty of negligent homicide if it killed someone.


34 posted on 05/10/2006 4:37:05 PM PDT by Gordongekko909 (I know. Let's cut his WHOLE BODY off.)
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To: supercat
I wasn't privvy to the original trial, but my understanding of involuntary manslaughter laws is that the prosecution must show that a reasonable person would have been able to foresee that the defendant's actions could cause death in roughly the same fashion that death actually occurred. I would have argued (I don't know if the defense did) that while a reasonable person would have expected that the fireworks could cause a fire, a reasonable person would not have foreseen that such a fire could within three seconds grow beyond the abilities of fire extinguishers to deal with.

There was no trial; this was a plea bargain: he agreed to plead guilty to 100 counts of involuntary manslaughter, the DA agreed that his sentence couldn't be higher than 10 years.

35 posted on 05/10/2006 4:46:14 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Lurking Libertarian
There was no trial; this was a plea bargain: he agreed to plead guilty to 100 counts of involuntary manslaughter, the DA agreed that his sentence couldn't be higher than 10 years.

Guess I can't really fault the guy for accepting the plea, though I would expect that with a good defense he could have escaped the manslaughter charges. The argument should have been that no reasonable building material would have gone up in flames as the stage wall did; although gerbs can start fires, in the absense of highly-inflammable materials such fires would not pose an excessive danger to human life.

36 posted on 05/10/2006 10:06:01 PM PDT by supercat (Sony delenda est.)
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To: jocon307

Big darned ditto to that, j.


37 posted on 05/11/2006 9:49:33 AM PDT by butternut_squash_bisque (The recipe's at my FR HomePage)
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