The Herald, Sharon, PA Published Wednesday, December 10, 2003

Club owners, manager charged


Station fire killed 2 with local roots

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By Cary Snyder
Herald Staff Writer

and The Associated Press

Pat Longley was watching television last February when he saw images of the fire that killed 100 people in a Warwick, R.I., nightclub.

Before he even knew that his son, Ty Longley, died in the fire, he said to himself, "Oh my God, who inspected that building?" Longley said it was an accident waiting to happen.

Ty, who was born in Sharon and graduated from Brookfield High School, was a guitarist with Great White, the heavy metal band that was performing inside The Station nightclub on Feb. 20.

Donna Mitchell, Fall River, Mass., the granddaughter of Margaret Nicastro, Sharon, also passed away in the fire.

The owners of the nightclub, Jeffrey and Michael Derderian, along with the band's tour manager Dan Biechele were indicted on 200 involuntary manslaughter charges Tuesday -- two for each death in the fire sparked by the band's pyrotechnic display.

Rhode Island Attorney General Patrick Lynch said the men were charged with two types of manslaughter: one for "gross negligence," the other for committing a misdemeanor such as a fire code violation that led to death.

Lynch said Biechele was charged under both standards because he lit the stage fireworks. In the case of the owners, the "gross negligence" applies to how they maintained the club over several years. The other charges cover their installation and maintenance of the club's flammable soundproofing foam that caused the blaze to spread.

Longley was upset that no one from the city of West Warwick was indicted.

"Inspectors have to be held liable and they're not," said Longley, who works as an estimator and project coordinator for Rien Construction in Brookfield. "That's a crying shame. As for the club owners, I find them more at fault than anybody. It shouldn't have been open. I blame the city of West Warwick."

Involuntary manslaughter carries up to 30 years in prison.

All three men pleaded innocent Tuesday, and they were released after posting bail.

"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 the tour manager's attorney, Tom Briody. "He could not have known of the dangerous conditions that existed inside The Station."

Longley says he has seen similarly hazardous conditions in area nightclubs.

"I go to clubs locally and just shake my head," he said. "I see there are not enough exits and sprinklers. I know sprinklers are expensive, but use the proper materials and have appropriate exits."

"It could happen again, but I pray to God it doesn't happen again."

Tuesday's indictments are the first criminal charges to result from one of the deadliest nightclub fires in the nation's history.

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 as soundproofing. 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.

While the band maintained it received permission to set off the fireworks, the club owners insisted permission was never given.

Members of Great White, who have been named in several civil suits, were not charged by the grand jury.

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.

"If anything comes from this," said Longley. "I just hope this doesn't happen again with inspection teams putting forth their best effort."



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