WARWICK, R.I. Grand jury hands up indictments in club fire

Ty Longley's father said he was disappointed the city was not held responsible.
STAFF/WIRE REPORTS
WARWICK, R.I. -- Grieving families who for 10 months wondered whether anyone would be charged for a nightclub fire that killed 100 people finally got their answer when a grand jury indicted the club's owners and the tour manager for the rock band Great White.
The father of band member Ty Longley, who died in the fire, said he expected the charges to be filed, but added that he believes the city failed to take proper steps to ensure that the club met safety standards.
"I was a little disappointed in the fact that the City of West Warwick, itself, was not named," said J. Patrick Longley of Hartford, Ohio. "I think they should be held accountable. I think they could have put a stop to what was happening. The place was an accident waiting to happen, and I think they were very lax in their inspection," Longley said.
Longley said his observations are based on his knowledge of construction through his job as an estimator and project coordinator for a local construction company. "In a town that size, not knowing what was going on and not checking it was inexcusable," he said, referring to a renovation that had occurred at the Rhode Island nightclub.
Charged
Club owners Jeffrey and Michael Derderian were each charged with 200 counts of involuntary manslaughter -- two counts for each of the 100 deaths. They were charged for having the flammable soundproofing foam that caused the fire to spread, and for alleged negligence in their management of the club.
Great White tour manager Dan Biechele was charged with 200 counts of involuntary manslaughter for setting off the stage fireworks that ignited the fire.
"I understand that no grand jury finding would or could ever speak to the profound suffering and sorrow the victims and their loved ones have endured," state Attorney General Patrick Lynch said in announcing the indictments after meeting privately with survivors and victims' families.
All three men pleaded innocent Tuesday, and they were released after posting bail. Bail for the club owners was set at $5,000 cash, while bail for Biechele was set at $10,000 cash. Involuntary manslaughter carries up to 30 years in prison.
Response
"They are not criminals. They did not commit any criminal acts and they should not be charged with any crime," said Jeffrey Pine, attorney for Jeffrey Derderian.
"While we are deeply sympathetic to the victims, the fact remains that Dan Biechele is not guilty of the charges brought in this case," said Biechele's attorney, Tom Briody. "He could not have known of the dangerous conditions that existed inside The Station."
The indictment marks the first criminal charges to result from the Feb. 20 fire at The Station nightclub. About 200 people were injured in what was one of the deadliest fires in the nation's history.
What happened
The fire started after the pyrotechnics were shot off just seconds into Great White's first song, quickly igniting the foam that had been placed around the stage. Thick smoke quickly spread through the club, and within minutes the one-story, wooden building was engulfed in flames, trapping clubgoers as they rushed toward the same exit.
The cause of the fire was known almost immediately, and the victims' final moments were captured by a local television cameraman who was gathering footage for a story on safety in public places.
While the band maintained it received permission to set off the fireworks, the club owners insisted permission was never given.
Not charged
Members of Great White, who have been named in several civil suits, were not charged by the grand jury. Great White was a popular band during the 1980s heavy metal era, with hits such as "Once Bitten, Twice Shy" and "Rock Me."
Pine said he was "disturbed" that the band's lead singer, Jack Russell, was not charged. He also said he believed officials from the town should have been charged.
Fire and building inspection reports released by West Warwick never mentioned the foam that surrounded the stage, and the club had passed its last inspection -- two months before the fire.
"The town inspected this club over and over and over and did not cite them for any violations," Pine said. "We're disturbed that nobody in the town was held accountable."
Ed McPherson, an attorney for Great White, said the band was relieved, but still saddened over the tragedy.
Investigation
Authorities investigated the blaze for more than nine months, picking through the charred remains of the site for evidence and interviewing witnesses. They seized computers, documents, club records and appointment books from band members and the club's owners. Investigators also took inspection reports from the town and receipts from a foam manufacturer and collected dozens of items from the site of the fire, including club doors, wiring, spray paint and foam samples.
In the wake of the fire, Gov. Don Carcieri called for emergency inspections of all public buildings similar to The Station nightclub, and the state formed a commission to investigate the blaze. State lawmakers passed stringent new fire-safety standards, including stricter rules on sprinkler requirements for older buildings.
The blaze also led other states to propose tougher fire regulations for clubs.
Prevention
However, Longley said there is still more to be done. In the Mahoning and Shenango valleys, he said he sees many correctable safety deficiencies in local nightclubs. "If anything comes from this, I hope that people would tighten up" on fire and safety code enforcement, he said. "I hope that club owners would not cut corners," in construction and renovation to save money or overcrowd their establishments, he added.
Longley also suggested it would be a good idea to have building exit signs near the floor level, similar to those in airplanes, to help people crawling on the floor find the exits during a smoky blaze.