Band manager's guilty plea in Station fire case accepted 
06:38 PM EST on Tuesday, February 7, 2006
By JACK PERRY
projo.com staff writer
PROVIDENCE -- A guilty plea by the band manager who shot off the fireworks that ignited the disastrous Station fire was accepted today, drawing to a close at least one chapter in the prosecution of a highly-emotional case that has drawn national attention.
In exchange, Daniel M. Biechele, 29, of Florida, will be sentenced to serve no more than 10 years in prison, Superior Court Judge Francis J. Darigan Jr. said today, repeating the potential penalty he laid out in announcing the plea agreement last week.
Biechele stood straight before Darigan in court this afternoon, as the groundwork was laid for him to enter the plea to 100 counts of involuntary manslaughter in the nightclub fire that killed 100 people and injured more than 200. It was the worst fire in Rhode Island's history, touching many throughout the region personally, and sparking a review of fire codes statewide and nationally.
Today's court hearing came just three weeks before the third anniversary of the Feb. 20, 2003, blaze at the West Warwick club.
Speaking clearly and carefully, Darigan repeatedly asked Biechele if he understood what rights he was giving up in entering his plea and what its sentencing impact would be.
Biechele, dressed in an olive-gray suit and flanked by lawyers, looked directly at the judge, answering firmly either "yes, your honor" or "no, your honor" and adding either a nod or shake of his head.
After declaring himself satisfied that the defendant understood his plea, Darigan scheduled sentencing for May 8.
Journal photo / Gretchen Ertl
Under questioning by Judge Francis J. Darigan Jr., Daniel Biechele, center, signals his understanding of the terms of his plea agreement in The Station fire criminal case.
In setting that date, Darigan is giving 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's plea brought little consolation to Raymond and Diane Mattera, who lost their daughter Tammy Mattera-Housa, 29, in the fire. Diane Mattera held up a photograph of her daughter during the brief courtroom session.
"It's nice to hear somebody finally say, 'I'm responsible,' " she said after the hearing, but she added that Biechele's serving a maximum of 10 years in prison is "not even a slap on the wrist."
"How do I ever explain it to my grandson that his mother's life is worth 10 years?" Diane Mattera asked.
Tammy Mattera-Housa left two boys -- Nathan, now 12, and Nicholas, now 5. Still, her mother acknowledged that no sentence could bring her consolation.
The Matteras and about 30 other family members of victims met with state Attorney General Patrick C. Lynch and prosecutors for 45 minutes after the hearing. Some left the session with tears in their eyes. Others seemed angry. Many of them hurried past reporters as sheriffs escorted them to their cars.
Eileen DiBonaventura, who lost her son, Albert, said, "I think it's a gross injustice that occurred here." She added, "If they keep giving lenient punishments like this, history is going to repeat itself."
Many of the family members who met with Lynch were "angry and frustrated," acknowledged Michael Healey, a Lynch spokesman. "How do you explain to someone who's lost a loved one, 'This is the best we could do?' " Healey said.
Lynch said in a statement, "With the defendant's guilty plea, we will avoid a lengthy trial and ensuing appeals that could stretch on for years. We can avoid the presentation of graphic testimony that would inflict more injury on the already injured, whether as survivors of the fire or loved ones of those who perished."
Journal photo / Gretchen Ertl
After the hearing, Diane Mattera, of Warwick, displays a photo of her daughter, Tammy Mattera-Housa, who was among the 100 who died in the fire.
Biechele, the former tour manager for rock act Great White, 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 pleaded guity to the so-called misdemeanor manslaughter charges, while the manslaughter charges alleging gross negligence were dismissed.
Biechele gives up his right to a trial and appeal. He also avoids the possible maximum sentence for manslaughter -- 30 years in prison on each count. Biechele was scheduled to go on trial May 1.
But 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 explained in announcing the plea agreement last week. "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.
Today, prosecutor Randall White said in court that Biechele called Michael Derderian before the concert and received permission to light off the pyrotechnics.
On the night of the concert, Biechele set up four of the fireworks near the center of the stage and set them off, sending 15-foot long streams of sparks into the air for about 15 seconds, according to White.
"These sparks started a fire that was the proximate cause of the deaths of 100 people in the nightclub," White said.
If the case had gone to trial, White said, the state would have called 186 witnesses as well as other evidence.
The charges are still pending against the Derderians, who were scheduled to go to trial after Biechele. The brothers have denied authorizing the pyrotechnics display.
The gross negligence theory alleges that 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 Derderians and Biechele were the only three people criminally charged in the fire, 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.
Today, Biechele left the court, past a crowd of reporters, without speaking to any of them.
And Diane Mattera is waiting for the day when the Derderians' cases go to trial. She doesn't want them, she said, to be resolved by a plea bargain.
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