Digital Extra: The Station Fire

The criminal trial of the Derderian brothers and Great White's tour manager could begin within a year, but it could be more than two years before civil suits reach the trial stage.

01:00 AM EST on Sunday, February 20, 2005

On Dec. 9, 2003, a state grand jury handed up a 177-page indictment charging Michael A. and Jeffrey A. Derderian, the two owners of The Station nightclub; and Daniel M. Biechele, the former tour manager for the rock band Great White, with 600 felony counts of involuntary manslaughter.

Each of the three men -- who have all pleaded not-guilty to the charges -- stands accused of 200 involuntary manslaughter charges in connection with the West Warwick fire on Feb. 20, 2003, which killed 100 people. The defendants were indicted under two theories of involuntary manslaughter: misdemeanor manslaughter and criminal negligence.

In the case of the Derderians, the alleged underlying misdemeanor is a violation of a state fire-code regulation that required them to use flame-resistant acoustical material in their nightclub. In the case of Biechele, the alleged underlying misdemeanor is setting off pyrotechnics inside The Station without the required permit. Each charge carries a maximum penalty of 30 years in prison.

Superior Court Judge Francis J. Darigan Jr. is presiding over the criminal case and says the trial is at least a year away. Lawyers for the defendants are still haggling with prosecutors over who will conduct further tests on the highly flammable polyurethane foam taken from the ruins of the nightclub.

In addition to taking 100 lives, the fire injured more than 200 people. There are currently eight civil suits pending in U.S. District Court in Providence seeking monetary damages for the victims and their survivors. A lawyer representing many of the victims predicted last week that it would be at least two years before the civil suits are tried.

Senior U.S. District Judge Ronald R. Lagueux is presiding over all of the civil lawsuits and has under consideration several motions to dismiss, filed by the defendants.. While there are only three defendants in the criminal case, there are approximately 50 defendants in the civil arena, including foam manufacturers; the Derderians and Biechele; Jack Russell, the lead singer of Great White; and state and West Warwick officials whose job was to inspect the club for fire violations.

Lawyers for the victims are seeking a court order that would force prosecutors to share some of the foam they have for testing. An expert hired by the civil lawyers says he needs the foam to perform a series of tests that would identify the components of the foam and its manufacturer.

Yesterday, the Derderians released this statement:

"Today, in remembrance of February 20, 2003, we humbly offer our prayers to all of the families involved in the Station tragedy. We recognize that for the family members who lost loved ones, as well as those injured in the fire and their families, the events of February 20th are not distant history, but rather a painful, present and constant reality. It continues to be for us as well. This morning, like every other morning for the last two years, the unimaginable events of that day, and those most affected by it remains first in our thoughts. Many among you are close friends, and many more we have never met. The sorrow and pain we feel for all affected by the fire is equal and overwhelming, and like you we will never forget."

Tracy Breton