The owners of the Rhode Island nightclub which burned in Feb. during a Great White show were indicted today on charges of involuntary manslaughter, along with the band's tour manager.

The three men — the club's owners, Jeffrey and Michael Derderian, and the band's manager, Dan Biechele — were each charged with 200 charges of involuntary manslaughter, two for each death, and were arraigned today. The three men pleaded not guilty, news agencies reported.

Great White guitarist Ty Longley was among those killed in the fire, which began just seconds into the concert. Foam soundproofing material at the edge of the stage was set alight by fireworks which the band used as part of its act.

The Station was a wooden, one-storey building and the blaze spread quickly as the fans all tried to escape through the same exit.

The band maintains that it had permission from the owners of the club to set off the fireworks, but this is disputed by the club owners.

The inferno was the deadliest nightclub fire in the United States in 25 years and one of the worst in the country's history, with the death toll exceeding that of the 1990 Happy Land social club fire in the Bronx, which killed 87.

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.

Jeffrey Pine, a lawyer representing Jeffrey Derderian (one of the two club owners), said he was disappointed that Jack Russell, the leader of Great White, was not charged.

New York Times version of story.
BBC version of story.

I really appreciated this article being posted because I have tried to keep up with this story. I am glad that none of the living band members were charged.
I think the lead singer (Jack Russell) was really sorry about the whole thing.

That place is literally RIGHT down the road from me. I watched the news all morning and watched the numbers go up from around 55-60 people. So damn sad. Someone who lives around here went up for the show and his wife died. And my step-cousin told me that a few of her friends almost went but decided against it.

Seams to me they should all be held responsible. The managers should not have allowed it to happen and the band shouldn't have been retarded enough to set the stage on fire with special effects. I don't understand why they are charging two counts per death can't really commit manslaughter on the same person twice.... I defently think they should be punished and should not be allowed to be responsible for things like that ever again. But I don't want to pay to house them in prison.

I wouldn't charge the band with anything. This place was mostly at fault for having that stupid flammable shit on the wall. They did it at other clubs like that and had no problem. Nothing would have happened if they didn't have that soundproofing material that was bought at low cost. Save some money? Or save some lives? Hmmm...

I was disappointed that this was not mentioned at the Grammy Awards last year. It deserved at least the historical footnote.

I think they were all really sorry about the whole affair. Nobody wanted that to happen. It's just so damn sad that people go out to have a good time and get away from the bullshit for a little while and something like this happens. The real tragedy is that in the end it will come down to a few dollars. That's what the whole music industry translates to now-just a few dollars more profit.

Purfus, the band had always use fireworks in clubs when they played. Nothing had ever happened before. A LOT of shows, in-doors, use fireworks or some type of pyrotechnics throughout the country, and most of the time it's safe.

The club owners are held responsible because it's their DUTY to make sure the club is free of any sorts of hazards, and agreed to the fireworks, and the band's manager is charged because, as manager of the band, who BOOKS shows, he should have looked deeper into the club itself, in order to see if certain things the band could or could not have done.

When a band has a manager, now-a-days it's more than likely, that the manager takes care of all the gigs, and the band just follows along, just ready to go out and play in front of their fans.

Thus why the band is not charged. It's totally not their fault.

I gotta stop writing stuff at 3 in the morning. Or at least proof read my crap. I barely understand what I wrote...

Living fairly close to The Station (or what used to be...) and having spent the night worried to death because I thought a friend was there that night (found out later he couldn't get a ride there - THANK GOD!!!) I have been trying to keep up with this story as much as possible. One thing that I'm really disappointed about the fact that nobody is holding the town inspectors accountable for failing to note the insulation, even though it is my understanding that the insulation that caught fire was in violation of the safety codes and was there when the club was inspected. I think it's just as much their fault for failing to do their jobs when performing the inspection. If they had written up the insulation as a violation like they should have in the first place then maybe this could have been avoided.

BTW, purfus, in response to "the band shouldn't have been retarded enough to set the stage on fire with special effects", I'm not sure the band should be held responsible, and here's why: on the night of the fire and the next day almost every tv station in the area brought in "pyro experts" and every one of them I heard said pretty much the same thing -- the pyros that set the building on fire should NOT have done so unless something else was wrong. The pyros Great White used are the exact same pyros that Goldberg WALKS THROUGH in his ring entrance (for those of you who watch wrestling). Even the experts on the news said these are so safe you can hold your hand in them while they are going off and not be burnt or hurt in any way. One of them even demonstrated that by putting his own hand in one as he set it off! Experts saying (and proving) you can hold your hand in them, men regularly walking through them as they go off without being harmed, I just don't see how Great White could have possibly known that those pyros would spark a fire like that. With all due respect to your opinion, get all of your facts before you start slinging "retarded" insults.

On the pyro issue...
Here's my take..some bands regularly use pyro and some don't. The bands that want to ramp up the energy of the crowd, like KISS, tend to do it. I was at a Kiss concert where you could feel the heat of the flame pots hundreds of feet away...
Legally, the club owners had created a dangerous nuisance by using foam of the cheapest grade that was NOT fire retardant nor fire resistant. The band is NOT responsible for doing construction, maintenance, etc. of the club, and did not have control over what the materials used were. In fact, Great White had a reasonable expectation that the club owners were in compliance with the codes and were using proper materials.

For example, the jerk of an attorney for the club owners said he was disappointed that Jack Russell was not charged. WTF???? Jack Russell was just the lead singer of the band. He had NOTHING to do with the control of pyro and had nothing to do with the fact that the foam was an accident waiting to happen. It's RIDICULOUS that Jack Russell should be charged with anything!

They're talking about this on the TODAY show as I write this.
~Code

But the managers says he told them not to use fireworks. Why is the managers word any less creditable than the band's? It's not. In fact it has turned into a he said, she said situation. They will battle it out until one folds or a jury makes a final decision. The only thing we do truely know for sure is that they were all involved. Who's fault it was does not really matter. They are being charged with involuntary manslaughter. Meaning they did not intend for that to happen. One thing I will give y'all is that it is a controsersal situation. Many states have adopted different proceedures regarding fault. A couple I can think of are the Last Posible Chance doctorine. Which states that the person who had the last posible chance to avoid the accident is the one at fault. Some have adopted weighting systems to measure different levels of involvement. The simple fact is that they were all involved and someone should have had the foresight to avoid it.

Oh and I'm not sure if this is still the case, but it used to be that in MA. if you were involved in an accident the first thing that would happen is you would be issued a 100 dollar fine for not avoiding the accident.

purfus...just interested...where does the Last Possible Chance doctrine flow from...any codes, statutes, laws, etc. that are used as authorities on this? Never heard of it...

As far as the manager saying he told them not to use pyro...you're right, it's a he said/he said, and without independent witnesses, hard to determine, however; we can look at their usual "pattern and practice",i.e. the way they normally handled bands and pyro. If they had a practice of allowing groups to use pyro in the past, and especially, in the recent past, one would have to stop and wonder why the club manager would suddenly change the policy for Great White for no reason. We also have to look at their use of improper foam materials that were not fire retardant, and apparently purchased because it was much cheaper than the proper sound baffling foam that should be fire retardant...to me, the fact that the club was trying to cut costs by creating a dangerous environment already removes "clean hands" from them, and possibly impeaches the credibility of the club manager.

I don't think pyro should be used in small clubs ,PERIOD. Come on..how stupid is that? Just to look cool...right! There were also several other clubs that came forward and said that the band had used them there, when they were not supposed to... so they did know they were doing wrong. My daughter and her friends were supposed to be there that night..thank God a chain of events happened so they never went !

Not several. It was only a club in New Jersey and either a club in Maine said they turned the pyro down for a future show, or that they were going to let them.

You probably havn't found it because I remembered it wrong. It is the last clear chance doctorine.

Doctrine of Last Clear Chance

The doctrine of last clear chance otherwise known as the doctrine of discovered peril or the humanitarian doctrine may be stated as follows: Where both parties are negligent in such a way that it would be impossible to determine whose negligence was the proximate cause of the accident, the party who had the last clear chance or opportunity to avoid the accident by the use of proper care but failed to do so is considered in law solely responsible for the consequences of the accident (Picart vs. Smith 37 Phil 809; Mr. And Mrs. Ong vs. Metropolitan Water District, L-7694, Aug. 29, 195.

http://www.pinoylaw.com/legal_terms/legal_terms.htm

There some other precedures on that page. My point is that there are different ways of measuring fault and the least of which is blaming it on that person most likely responsible.

Do they have a history of accidents? Do they have a history of pyro technic shows. Does the band? And where was the fire watch person. Last I checked just about every pyro technic show requires there be people present with extinguishers in hand to fight posible outbreaks. Was that material cheaper? Or was it all that was nessesary because the place was not designed for pyro technics. Or was the club ripped off by a contractor? Does the manager have a document stating flame retardent insulation had been installed? I don't see that there is enough information present to decide.

I have some experience with pyro technics. No not just blowing up lighters in the school halls. I often act as a shooter at firework displays around my state. I am not licensed but my good friend is and he is the one that brings me on shows. Anyway when we shoot a show we all have as much of a responsability to avoid accidents as the next shooter or manager. It is something we just don't want to happen. So we take every posible precausion and anyone sees a posible hazzard they speak up and it is investigated immediatly. We have had no accidents. God willing that wont change. But accidents can happen. It is very unfortunate when hundreds of people die as a result but I know one thing for sure. If I were the shooter that fired that shell that flew up into the audience I would be greeved about more than who is going to take the blame. The fact that they all take such a strong position that it wasn't their fault but someone elses tells me they all should be punished. Maybe next time the band will inspect the stage first. And the manager will do the same. If they did, well good for them maybe they should have checked twice. Hot flame on flamable material isn't rocket science and someone should have cought it before it happened. There may not be any way of prooving who was or was not responsible but there is one way of decreasing the probability of it happening again. Thats my opinion anyway, I'm sure not everyone will agree. It would be pretty myopic of them if they all did.

i agree with jnslace...the concerts that I have been at which used pyro..like the KISS concert which was a large, indoor venue, or outside...
were ok...but you shouldn't be using pyro in a club that small...

that being said, i continue my assertion that it was never Great White's duty to re-make the club's construction for safety. they were relying on the club owner's to provide a reasonably safe place to perform, and part of their performances had been pyro, but previously, there was evidence that indicated when they were told NOT to use pyro...that they refrained, but, since the band manager was indicted as well, apparently the grand jury (which, it has been said, can be used to indict a cheese sandwich) heard testimony we have not been privy to.

btw..to clarify, i meant their "tour manager"...not just manager

The club owners accepted the gig, one of their associates, who later came out and tried to blame the band, also had them prior at his club, all with full knowledge of what the set consisted of.

The bands manager/agent was/is also responsible to check that inspections were up to date and he did. He can only go by the documents the club provides. The inspectors also are as guilty in this since they passed the clubs inspection when in fact it had faulty non-code sound insulation right over the stage and throughout the club. This insulation was chosen because "..the didn't like the price of the original insulation to be installed, and chose instead this insulation...".

That quote is from the salesperson/owner of the company that sold/installed the insulation in question on the police report.

These brothers have had a long history of cutting corners, legal and otherwise for many years - not just with this club and this has been documented by various law enforcement and news orgs.

Given that data it is obvious who is at fault. Apparently revisions need to be made to the regulations surounding this issue and an investigation of the inspection precess. It is obvious the club managers knew of the potential hazard and they should be punished for that. However, I still don't want to pay to jail a bunch of greedy capitalist. Perhaps they should be forced to generate the money it cost to house them.

aah, the blame game,i'm not sure but isn't that a republican virtue ???

This truly was a tragic event, but here's another factor: though the owner's SUGGESTED not using the pyro, they AGREED to allow it. If you know something can cause an accident and you ALLOW it to occur, you are responsible. END OF STORY. Great White had previous knowledge of a legitimate safety level and precautions, trusted the club's adherence to safety regulations, and followed the correct procedures. Many people dropped the ball on this one, but the victims of the blaze and Great White are the ones who will end up paying the highest price.

thanks purfus.
i knew of the Doctrine of Last Clear Choice, but wanted to make sure there was not something new I didn't know about. Much appreciated!

~Code