"I don't know that I will ever forgive myself for what happened that night, so I can't expect anybody else to," says Daniel M. Biechele.

01:07 AM EDT on Thursday, May 11, 2006

BY PAUL EDWARD PARKER
Journal Staff Writer

PROVIDENCE -- Saying that no prison term could adequately reflect the value of the 100 people who died in the Station nightclub fire and that no punishment could bring them back, a Superior Court judge yesterday sentenced the man who triggered the inferno to serve four years at the Adult Correctional Institutions.

Before Judge Francis J. Darigan Jr. announced his fate, Daniel Michael Biechele made a tearful apology to the more than 200 people who were injured in the fire and to the families of those who died.

Journal photo / Mary Murphy

Daniel M. Biechele breaks down after reading his statement in court yesterday, moments before his sentencing.

"I don't know that I will ever forgive myself for what happened that night, so I can't expect anybody else to," he said, pausing several times as he lost his composure. "I can only pray that they understand that I would do anything to undo what happened that night and give them back their loved ones. I'm so sorry for what I have done."

After speaking, Biechele held his hands over his face and leaned forward on a table, still crying.

Biechele was working as tour manager for the band Great White on Feb. 20, 2003, when they played at The Station, in West Warwick. Biechele shot off fireworks that showered sparks onto walls that had been lined with highly flammable polyurethane foam. The foam had been installed after neighbors complained about noise from the club.

Biechele's apology followed arguments from his lawyer, Thomas Briody, and prosecutor Randall White.

White, who spoke first, urged Darigan to impose a 10-year sentence, the maximum allowed under an agreement that secured Biechele's guilty plea to 100 counts of misdemeanor manslaughter. A seldom charged offense, misdemeanor manslaughter is when a petty crime results in someone's death.

"The suffering is endless and the extent and the depth of the pain is bottomless," White said. "The scope of the harm caused by this defendant is simply something that is so staggering as to be incalculable."

He noted that the writers of Rhode Island's manslaughter law must have envisioned some time when the 30-year maximum penalty would be imposed.

"If this isn't the case that deserves a serious sentence on misdemeanor manslaughter, what one is?" White said. "What case is, if not this one?"

Briody argued that Biechele, 29, of Winter Springs, Fla., should get no jail time, but be sentenced to community service.

"If this court shows mercy, as I believe it should, it will do more to honor the dead than any term of years that you might impose," Briody said.

"I have never had a client like Daniel Biechele before. And I believe you will never have another defendant like him before you again. He is the most morally blameless person I have ever represented and yet the tragedy that flowed from one unique act is far greater than anything I have ever seen."

Emotions in the courtroom rode a rollercoaster.

Before imposing the sentence, Darigan outlined his thinking.

"Despite the measured, articulate and erudite presentation by each side in this case, the court finds that neither the state's recommendation nor the defense recommendation are appropriate in this case."

A murmur went through the crowd as people realized Biechele would not get the maximum the state had requested, but also would not walk away without any jail time.

As Darigan approached the moment he would say how long Biechele would be imprisoned, the defendant stood in front of the judge, a few yards from the bench. Biechele's eyes blinked repeatedly.

Darigan announced that Biechele would be sentenced to 15 years at the ACI, prompting cries of "Yes!" from the crowd.

Darigan continued, saying Biechele would have to serve 4 of those years and that 11 years would be suspended. Many in the crowd groaned.

Other than blinking his eyes, Biechele showed no emotion as the sentence was read and sheriffs handcuffed him and led him from the courtroom. His wife, Mandy Gura Biechele, broke down in tears. Biechele's parents and sister and brother-in-law were also in the courtroom.

Several people in the gallery shouted comments:

"Now you feel our pain."

"You get your son back after four years."

"Typical . . . Rhode Island."

The courtroom quickly emptied. Some crowded the hallway, buzzing about what had happened. Others went straight for the courthouse doors, with dozens of reporters, photographers and television cameras waiting for them.

Raymond Mattera, father of fire victim Tammy Mattera-Housa, held his wife, Diane, by the elbow and guided her from the building. She walked gingerly with a cane, and wept quietly.

"A hundred people dead and it's like a slap on the wrist," Ray Mattera said.

On the courthouse steps, the Matteras, who have frequently spoken out about the fire that killed their 29-year-old daughter, faced reporters and cameras.

"Four years?" said Diane Mattera, in tears. She was unable to say anything else.

Ray Mattera began to make a statement, but his voice broke. He said softly, "It's not fair, it's not fair."

In addition to the 4 years to serve and 11 years suspended, Darigan also sentenced Biechele to 3 years' probation. That means that after the four years, Biechele will be on probation for three years. If he gets in trouble with the law in that time, he could be sent back to the ACI to serve out the 11 years that had been suspended.

The combined 15 years was in keeping with Biechele's plea agreement, which specified he could be sentenced to up to 15 years, with a maximum of 10 to serve.

Ken Findlay, a spokesman for the ACI, said Biechele will spend up to the first 30 days of his sentence at the prison's intake, where he will be assessed and prison officials will decide which facility will house him.

Biechele will be eligible to seek parole after a third of his sentence, 16 months, in September next year, said Findlay.

Biechele might not serve his time in Rhode Island. He can petition to be transferred to a prison in any state that is part of an agreement with Rhode Island to house each other's prisoners, said Findlay. That includes Biechele's home state of Florida.

State and West Warwick fire and police officials attended yesterday's court session.

Before imposing the sentence, Darigan noted that no sentence could provide what the families of those who died truly sought.

"This court is most acutely aware that there is no sentence which could be imposed today, or, in fact, sustainable by law, which could possibly reflect the value of the lives lost or in any way bring back the wonderful, unique people into the lives of those who love them or to extinguish the pain that all experience on a daily basis," Darigan said.

"Any attempt by me here today or others to correlate any sentence imposed today with the value of these lives, or to attach any other yardstick that may be applied, I believe, would be a dishonor to the memory of the victims of this tragedy. You and the victims' families will be forever mindful of that fateful night, and it is not within the power of this or any court to fashion a sentence reflective of the enormity of this tragedy."

Darigan concluded his remarks:

"Robert F. Kennedy quoted the great Greek poet Aeschylus, when he said, quote, Even in our sleep, pain which cannot forget, falls drop by drop upon the heart until, in our own despair, and against our will, comes wisdom through the awful grace of God, unquote. That may be all that anyone so touched by this loss can expect to look forward to in the future."

With reports from staff writers Mark Arsenault and Amanda Milkovits.

pparker@projo.com / (401) 277-7360

EXTRA: View video of the sentencing, add your reaction and watch a special multimedia report on one family's pain in the aftermath of the Station fire, at:

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