A grand jury in Chicago has indicted four people affiliated with a stampede at a crowded nightclub last winter that killed 21 people, an investigation that has been closely monitored by law-enforcement officials in Rhode Island.
The four charged with involuntary manslaughter in Chicago yesterday were the nightclub owner, his alleged partner, the party promoter and the manager of the club, E2. They pleaded not guilty to the charges in Cook County and were released on bail ranging from $15,000 to $35,000.
The case in many ways parallels The Station nightclub fire in West Warwick, which killed 100 people and injured more than 200 others. The catastrophic events occurred three days apart -- Feb. 17 and Feb. 20 -- and spawned a national debate about the safety of nightclubs and whether owners flout the maximum capacity for the sake of profit.
Ironically, on the night of the West Warwick fire, a photographer for WPRI-Channel 12 captured horrific footage of the blaze for a news segment on the safety of clubs. The reporter assigned to the story was Jeffrey Derderian, who co-owned The Station with his older brother, Michael Derderian.
The Derderians survived the fire -- Jeffrey was in the club; Michael was out of state -- but they have been targets of a grand jury investigation launched in the days following the fire. So far, no one has been charged, but the grand jury is expected to conclude this fall and possibly hand up criminal indictments.
Deputy Atty. Gen. Gerald Coyne said that his office has kept an eye on the tragedy in Chicago, but he cautioned Rhode Islanders about drawing too many comparisons.
"Our laws and their laws are not identical," Coyne said. He declined to discuss whether the Derderians, or anyone else, might face charges similar to the involuntary manslaughter counts that were lodged in Chicago.
INVOLUNTARY MANSLAUGHTER is an unintentional homicide without malice or forethought. It can be committed in an unlawful act not amounting to a felony, or in the performance of a lawful act with criminal negligence.
In Illinois, the crime is punishable by up to 14 years in prison. In Rhode Island, the maximum penalty is 30 years in prison.
Jeffrey Derderian's lawyer, Jeffrey B. Pine, the former state attorney general, said he was aware of the Chicago case, though he did not know many of the details. He said he wouldn't make too much of the indictments.
"If they weren't charged, I wouldn't take that to mean anything in terms of the Rhode Island case," Pine said. "My position, in respect to [the Derderians] is that no criminal conduct occurred and I can't say that's the case in Chicago."
Kathleen M. Hagerty, Michael Derderian's lawyer, agreed with Pine, saying there are not enough facts to warrant a jury finding the Derderian brothers guilty of a crime "beyond a reasonable doubt."
"There's a big difference between civil liability and criminal responsibility," she said.
Pine also said that the "responsible party" for the deaths and injuries in West Warwick are the "persons or people responsible for lighting the fire."
In past reports, Daniel M. Biechele, road manager for Great White, a heavy-metal band, has been identified as the person who set off the pyrotechnics that ignited the fire in West Warwick. The pyrotechnics were part of the band's show.
Yesterday, Thomas Briody, Biechele's lawyer, responded to Pine's allegations. "I don't think it's appropriate to assign blame to anyone while this investigation is pending," Briody said, adding that he does not believe Biechele will be held criminally responsible.
"Given the efforts of the attorney general's office in this case, and the fairness they have shown my client, I am confident that when their investigation concludes, the state and grand jury will find it inappropriate to charge Mr. Biechele with any criminal offense," Briody said.
IN CHARGING the four men in Chicago, a prosecutor said yesterday that on the night of the stampede, the owners knowingly packed the club with about 1,200 customers, about five times its capacity of 240.
The indictment also alleges that the owners violated a July 2002 order demanding that the club's second floor be shut down.
In the West Warwick fire, a Providence Journal investigation identified 412 people who were in the nightclub when the blaze broke out, exceeding all of the various occupancy limits on the club set by town officials. Those limits ranged from 253 to 404.
Pine, Jeffrey Derderian's lawyer, questioned The Journal's figure of 412, saying that much of the information appeared to be gathered from secondhand sources. He said he believes the attendance was more in the range of 300 to 350. He said he could not disclose how he reached his figure.
"It's an estimate with some knowledge," Pine said. "But I don't know if we'll ever have an exact number."
Joel P. Rawson, The Journal's executive editor and senior vice president, said that the newspaper was clear about its methodology and nobody has questioned any of the names that were listed in Sunday's Journal. He said that about 14 additional people have contacted the newspaper, saying that they, too, were in the club on the night of the fire. Their accounts have yet to be substantiated, he said.
"In six months, that list may be revised considerably," Rawson said.
Andrew Horwitz, an associate professor of law at Roger Williams University's Ralph R. Papitto School of Law, said the egregious overcrowding and violation of the order to shut down the second floor of the building were key factors in the Chicago indictment. He does not believe that the fire in West Warwick comes close to reaching the level of a criminal charge.
"My own personal opinion is that nothing I have seen convinces me that criminal charges are justified in this case," Horwitz said. "In our society, there is a great need to see people punished. Tragedies happen. People make mistakes. That doesn't mean it rises to criminal behavior."
With reports from The Associated Press.
