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Tour Manager Sentenced In Nightclub Fire

(Click here to view the original thread on the MassCops Message Board)

Posted by: kwflatbed

Biechele Says He'll Never Forget Victims

Jamy Pombo, Senior News Editor

BOSTON -- Daniel Biechele, the former tour manager for the band Great White, was sentenced Wednesday to four years in prison for his role in a Rhode Island nightclub fire that claimed the lives of 100 people.


Providence Superior Court Judge Francis Darigan imposed a 15-year sentence with four years served, followed by 11 years probation.


"There is nothing in the entire record of this case that the defendant intended to hurt anyone," Darigan said. "This court finds that neither the state's recommendation nor the defense's recommendation are appropriate in this case. This court must impose a sentence that reflects the nature of the crime committed by this defendant."


In imposing the sentence, Darigan said that there is no sentence that could be imposed that would reflect the value of the lives lost. The judge said that it was clear that Biechele felt remorse for his crime.

Biechele, 29, who pleaded guilty earlier this year to 100 counts of involuntary manslaughter in connection with the Feb. 20, 2003, lit the pyrotechnics display at The Station nightclub. Biechele addressed the court before being sentenced.


"Since the fire, I wanted to tell the victims and their families how truly sorry I am for what happened that night and the part I had in it," Biechele said. "I don't know that I'll ever forgive myself for what happened that night, so I can't expect anyone else to. 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 am so sorry for what I've done and I don't want to cause anyone more pain. I will never forget that night, and I will never forget the people that were hurt by it."


Prosecutors outlined the reasons Biechele should spend 10 years in prison, arguing that a stern sentence may deter other nightclubs from using pyrotechnic displays during band performances.


"Why wait for an evolution? It happened here with disastrous consequences. Now is the time to send the wake-up call to the industry," prosecutor Randall White said.


In a pretrial filing, the state interviewed more than 900 people in anticipation of a trial. Prosecutors said that had the case gone to trial, 186 people would have taken the stand. White said that Biechele has already received the benefit of a lessened sentence because the case never went to trial.


"The state submits that the crime of involuntary manslaughter is one that carries, under Rhode Island law, a maximum penalty of 30 years. Had the manner proceeded to a trial, the state submits, it's that in all likelihood we would have sought a far more (lengthy) sentence," White said.


White said that Biechele ignored common sense when he lit the pyrotechnics display that ignited the flammable foam lining the walls of the Warwick nightclub. White showed the court a picture of the pyrotechnics on fire behind Great White as the band played.


"A child could have seen and foreseen the potential harm," White said. "None of us where there that night, but you could look at this picture and say, 'What is on the walls? Should I move the display back a bit?'"


Defense attorneys urged Darigan to sentence Biechele to community service.


"Dan Biechele is the only man in this tragedy to say, 'I did something wrong.' The man who sold cheap foam did not," defense attorney Tom Briody said.


Briody acknowledged the amount of pain and grief felt by the victims' families, but said that sentencing should not be based on retribution or revenge.


"The evidence shows that Dan Biechele was not reckless," Briody said. "The state dismissed those charges. Dan Biechele's misdemeanor was to ignite the pyrotechnics without a license."


Briody said that his client relied on the club's owners for guidance about displays at the band's performances, and said that Biechele's conduct alone was not the cause of the fatal blaze. The defense attorney referenced a report that cited the flammable condition of the foam surrounding the stage, the building's construction, inadequate exits and severe overcrowding inside the club.


"Dan Biechele wasn't a building inspector or a fire marshal," Briody said. "We know, and the state doesn't dispute, that Mr. Biechele asked for permission to use the pyrotechnics, and he received it."


Biechele had used the same pyrotechnics, called cold-spark gerbs, when he was working with another band.


"A 10-year prison term is not as long as the sentence he is serving today," Briody said. "Nothing you do here will punish him more than how he is punishing himself."


Earlier this week, Darigan heard from family members of the victims who explained how their lives have changed since the fatal fire.


"We long to see our son one last time, but were told his remains were placed in what was referred to as a pouch. We were advised not to look -- better to remember Al for what he was," said Eileen DiBonaventura, the mother of Albert DiBonaventura, 18.


"Three years later, we still think he is here some days. Since we could not see him, we cannot accept his death. Tom was ripped out of our lives. We never had a chance to say goodbye, to kiss him one last time or to even touch that face we loved so much," said Andrea Silva, the niece of victim Thomas Medeiros, 40, of Coventry, R.I.


During victims' impact statements Tuesday, Biechele broke down as he listened to family members in court.


"Since this happened, I am a single mom now," Heidi Longley said. "It is really hard because my son has never known his father. We never got to go to ultrasounds together. We'll never have a family portrait. We'll never have any of that, and it's not fair."


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Copyright 2006 by TheBostonChannel.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


Posted by: revtrent

"A 10-year prison term is not as long as the sentence he is serving today," Briody said. "Nothing you do here will punish him more than how he is punishing himself."

With all due respect your Honor, fuck off.


Posted by: revtrent

And since I'm bitching ...

Most people on this site have voiced their dislike for the Boston Herald. Well gentlemen, todays headline got it exactly right ...

5 Days in Jail for Each Life


Posted by: KozmoKramer

4 Years...
100 dead, and 100 families living with this for the rest of their lives and the penance is 1,460 days.
I'd say unbelievable, but is anyone really surprised in this day and age...


Posted by: SOT

If they really said 5 days in jail those dumb asses got that wrong too. 1,460 days divided by 100 = 14.6 days in jail.


Quote:
Originally Posted by revtrent
And since I'm bitching ...

Most people on this site have voiced their dislike for the Boston Herald. Well gentlemen, todays headline got it exactly right ...

5 Days in Jail for Each Life



Posted by: akman75

Quote:
Originally Posted by SOT_II
If they really said 5 days in jail those dumb asses got that wrong too. 1,460 days divided by 100 = 14.6 days in jail.
He's eligible for parole in 16 months. That is 480 days or so which is where i'm assuming they came up with their calculation.


Posted by: revtrent

Quote:
Originally Posted by akman75
He's eligible for parole in 16 months. That is 480 days or so which is where i'm assuming they came up with their calculation.
You're correct.

Great White band manager Daniel Biechele, who lit the pyrotechnics that sparked the fire, could have been sentenced to up to 10 years in jail under a plea deal with prosecutors but now will be eligible for parole in just 16 months with good behavior. That would be less than 500 days, or five days per victim.



Posted by: Curious EMT

Quote:
Originally Posted by KozmoKramer
4 Years...
100 dead, and 100 families living with this for the rest of their lives and the penance is 1,460 days.
I'd say unbelievable, but is anyone really surprised in this day and age...
What about the 200 that were injured? Personally, I'de rather be dead than deal with what some of the burn victims have dealt with since that night...
4 Years is a disgrace.... Good thing it didnt happen in Mass, he'de get house-arrest or something 'tarded along those lines.


Posted by: akman75

I personally think that while he has responsibility for his actions, the ultimate responsibility was with the club owners. They had to know putting up that lining on the walls would be an issue and an obvious fire hazard. If they've had bands in the past that have used pyrotechnics, why would they add that type of sound proofing especially in the area of the stage. While he should have obtained a permit to light his pyrotechnics, I didn't see or get a sense of any malice in his actions. While I think the sentence was a little light, I think it was fair.




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