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Band Manager Sentenced For Role In Nightclub Fire Deaths

POSTED: 11:08 am EDT May 10, 2006
UPDATED: 5:01 pm EDT May 10, 2006

A judge in Rhode Island is sending a former road manager for a rock band to prison for four years, for his role in a nightclub fire that killed 100 people.

Earlier in the day, prosecutors argued that Daniel Biechele ignored common sense when he lit a pyrotechnic display at the club.

Biechele, 29, was the tour manager for Great White the night of Feb. 20, 2003, when he lit the pyrotechnics at The Station nightclub. Biechele could have been sentenced to up to 10 years in prison after he pleaded guilty earlier this year to 100 counts of involuntary manslaughter.

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 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 were 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 Providence Superior Court Judge Francis 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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