Digital Extra: The Station Fire

04:50 PM EST on Tuesday, January 31, 2006

By JACK PERRY
projo.com staff

PROVIDENCE - The band manager who shot off the fireworks that started The Station nightclub fire has agreed to plead guilty to 100 of the 200 counts of manslaughter filed against him, the judge handling the case announced this afternoon.

In exchange for a guilty plea, Daniel Biechele would be sentenced to serve no more than 10 years in prison, Superior Court Judge Francis J. Darigan Jr. said, for his role in the February 2003 blaze that left 100 dead and more than 200 injured.

Each count of involuntary manslaughter carries a maximum penalty of up to 30 years in prison.

"It is important to understand that in engaging in a plea agreement, both the state and the defendant have given up substantial rights in foregoing the trial of this case," Darigan said. "This agreement on sentencing parameters has been reached in an effort to successfully conclude this aspect of this most sorrowful and tragic case."

Biechele, who was not in court for the 10-minute session today, is scheduled to enter his plea a week from today. The court will accept it, the judge said.

No date was set for sentencing, but Darigan said it probably wouldn't happen for several weeks. He wants to give the victims' families time to submit statements to the court on sentencing. He will also request a pre-sentencing report that provides background on Biechele and memorandums from both the prosecution and defense.

Biechele was scheduled to go on trial May 1.

His lawyer, Thomas Briody, said of Biechele afterward, "He deeply regrets his actions that evening and the harm they caused."

Eileen DiBonaventura of North Dighton, Mass., whose son Albert died in the fire, was among several family members in court this afternoon. She characterized the likely sentence as a "slap on the wrist."

"I'd like to see him punished to the fullest extent of the law," DiBonaventura said. "My son is in a grave."

State Attorney General Patrick C. Lynch issued a statement this afternoon, saying that his office was "fully prepared and ready to go to trial," but Biechele "indicated he is willing to accept responsibility."

"We know that there is no measure of justice capable of addressing the depth of devastation, pain, and heartache caused by a tragedy of the magnitude of The Station fire," Lynch said.

"I'm sure that everyone in Rhode Island joins me in hoping that the thoughts and prayers we offer to them will help sustain them as the legal process continues," he added.

Biechele and club co-owners Jeffrey A. and Michael A. Derderian were each charged in December 2003 with 200 counts of involuntary manslaughter -- under two separate legal theories for each of the 100 people who died.

Biechele will plead guity to the so-called misdemeanor manslaughter charges, while the manslaughter charges alleging gross negligence will be dismissed, according to Darigan.

Biechele could not have been sentenced on all 200 counts even if he hadn't entered the agreement, according to Darigan.

"The double jeopardy clause of the Rhode Island and United States Constitutions mandates that the defendant only be sentenced to one count of involuntary manslaughter for each death," Darigan said, adding, "The defendant cannot be sentenced twice for the same conduct."

In Biechele's case, the 100 counts of misdemeanor manslaughter accuse him of using pyrotechnics without a permit, resulting in the deaths.

The gross negligence theory alleges that Biechele -- and the Derderians -- acted so recklessly that their actions resulted in the deaths of 100 concertgoers or employees.

The misdemeanor manslaughter charges against the Dederians charge them with installing highly flammable soundproofing foam that caused the unintentional deaths. The Derderians installed the polyurethane foam on the walls of the nightclub as soundproofing after neighbors complained about noise. The foam helped the fire spread throughout the club in less than 90 seconds.

The charges are still pending against the Derderians, who were scheduled to go to trial after Biechele. Briody would not comment when asked if Biechele would testify against the Derderians as part of the agreement.

The Dederderians and Biechele were the only three people criminally charged in the fire, the worst in Rhode Island's history, and some family members of victims, were outraged that others weren't indicted.

In December, Darigan refused to dismiss any of the charges against Biechele and the Derderians.

-- With reports from Journal staff writer Tom Mooney.