08:35 PM EDT on Wednesday, May 10, 2006

projo.com staff

PROVIDENCE -- Superior Court Judge Francis J. Darigan today sentenced Daniel Biechele to 15 years in prison, with four to serve and 11 years suspended, for his role in setting off the disastrous Station nightclub fire.

Journal photo / Mary Murphy

Daniel M. Biechele is led away at the end of his sentencing today. He had sought community service, while the state had pushed for the maximum 10 years in prison.

His decision came after a tearful apology from Biechele, who had been charged with 100 counts of involuntary manslaughter, and an hour each of arguments by the prosecution and defense.

Biechele hadn't spoken publicly about the fire since his arrest. Standing before the judge, he started crying before he could utter a word.

"For three years I wanted to be able to speak to the people affected by this tragedy," he said, his voice shaking as he fought back tears. "I can only pray that they understand I would do anything to undo what happened that night and give them back their loved ones. I'm so sorry for what I've done."

He went back to his seat, with his face in his hands.

Darigan spoke next, telling Biechele, "The greatest sentence that can be imposed on you has been imposed on you by yourself."

In handing down the much-anticipated sentence, the judge noted Biechele's sense of remorse, good background, potential for rehabilitation and willingness to accept responsibility. Biechele did not have a criminal record. Darigan also took great pains to explain the differences between charges related to causing the death of another, from murder to involuntary manslaughter.

"There is nothing in the entire record of this case to indicate the defendant ever intended to harm anyone," he said.

As the judge announced the sentence, gasps were heard and tears flowed from some in the courtroom. Some members of victims' families later expressed anger.

"This is a total travesty of justice. This boy is going to walk in four years. Is my brother and sister-in-law going to come home? No," said Theo Suffoletto, who lost his brother and sister-in-law Benjamin and Linda Suffoletto.

Diane Mattera, mother of Tammy Mattera-Housa, walked from the courthouse, crying, shaking her head and saying, "Four years, 100 people."

But another mother felt differently.

Suzanne Fox, whose son, Jeffrey Martin died in the fire, thought the sentence was reasonable. "He didn't intend to kill those people," she said. "I would have favored one hundred percent community service."

"I'm just hoping he survives prison," she added.

State Attorney General Patrick C. Lynch, said, "I think more jail would have been appropriate in this instance."

However, he noted that Darigan had a "historically burdensome task" since there weren't any similar Rhode Island cases for him to use as guidelines.

Lynch said he feels "some compassion for Mr. Biechele," but he added that he feels a lot more for the "hundreds and hundreds" of people affected by the fire.

Biechele was immediately placed in state custody. He was put on a bus, which left for the Adult Correctional Institutions in Cranston shortly after 5 p.m. He will become eligible for parole after serving one third of his sentence. He also faces three years of probation.

A large group of media was parked outside the South Main Street courthouse, seeking comment from family members and trying to get photographs of Biechele being brought to prison. Eleven videographers and several reporters were in the group. Four small tents were set up for broadcasting outside the courthouse.

The sentencing comes more than three years after the Feb. 20, 2003, fire at the West Warwick club -- the worst in the state's history. It was a blaze that touched every niche of this small state. And it caught the attention of a nation, inspiring reforms of club safety rules and fire codes.

It also follows two days of emotional statements by relatives about the fire's victims, statements that sometimes drew laughter and often provoked tears in describing how those who died have been missed and what had made them so special.

Today's hearing featured arguments by the prosecution and defense, before Darigan issued his sentence.

Prosecutor Randall White, an assistant attorney general, asked Darigan to sentence Biechele, 29, of Winter Springs, Fla., to serve 10 years in prison, the maximum allowed under a plea agreement. Biechele's lawyer, Thomas G. Briody, asked the court for community service.

"The devastation wrought by the defendant is unparalleled in our state's history," White said.

Briody said a long prison term would ruin another family. He called Biechele "the most morally blameless person I've ever represented, yet the tragedy that flowed from one unique act is far greater than anything I've ever seen."

Biechele, the former tour manager for Great White, was originally charged by a grand jury with 200 counts of involuntary manslaughter, under two different theories of the law.

As part of a plea agreement with the attorney general's office, he agreed to plead guilty to 100 of those counts -- the ones that stemmed from his unauthorized use of pyrotechnics.

In return for accepting responsibility for unintentionally killing 100 nightclub patrons, prosecutors dismissed the other 100 counts, which accused Biechele of acting in a criminally negligent manner.

If there had been no plea bargain, Biechele could have faced up to 30 years' imprisonment on each of the involuntary manslaughter charges.

But the plea deal limited what Darigan could mete out as punishment for the contrite first-time offender: Biechele faced no more than 10 years' imprisonment for all 100 deaths.

Despite today's sentence, the process of determining blame is not over.

The nightclub owners, Michael and Jeffrey Derderian, each face 200 involuntary manslaughter charges, under two different theories of the law. Michael Derderian is scheduled to go on trial in July. A trial date has not been set for his brother.

-- With reports from projo.com staff writers Jack Perry, Steve Peoples and Kate Bramson and Journal archival reports