The Station nightclub fire on the evening of Thursday, February 20, 2003, was the fourth-deadliest nightclub fire in U.S. history, killing 100 people and injuring more than 200. Ninety-six perished on the night of the fire, and four died later from their injuries at local hospitals. The Station, which regularly hosted glam metal and 1980s rock bands, was a nightclub in West Warwick, Rhode Island.
That night, the headlining band was Great White, a member of which perished in this fire.
The fire
Screenshot of the Butler video, showing the beginnings of the fire
The fire started about 11:08 PM, just seconds into headlining band Great White's opening song "Desert Moon," when pyrotechnics set off by the band's tour manager, Daniel Biechele, ignited the building's flammable soundproofing foam. The pyrotechnics were gerbs, cylindrical devices that produce a controlled spray of sparks. Biechele used three 15 by 15's, which spray sparks 15 feet for 15 seconds. Two gerbs were at 45-degree angles with the middle one pointing straight up. The flanking gerbs became the principal cause of the fire when their sparks hit the soundproofing foam on both sides of the drummer's alcove at the rear of the stage.
The flames were first thought to be part of the act; only as the fire reached the ceiling and smoke began to billow did people realize it was uncontrolled. A mere twenty seconds after the pyrotechnics ended, the band stopped playing, and lead singer Jack Russell calmly remarked into the microphone, "Wow...this ain't good." In less than a minute, the entire stage was engulfed in flames, with most of the band members and entourage scurrying for the west exit by the stage.
Floor plan of Station nightclub, showing available exitsNumber of victims found by location (main exit at bottom-center)
By this time, the piercing shrill sound of the fire alarm had made everyone acutely aware of the impending danger, and although there were four possible exits, most people naturally headed for the front door through which they had entered. The ensuing stampede in the inferno led to a crush in the narrow hallway leading to that exit, quickly blocking it completely and resulting in numerous deaths and injuries among the patrons and staff, who numbered somewhat more than 404 (the highest of three conflicting official capacity limits).[1] Of those in attendance, roughly one-quarter died, and half were injured, either from burns, smoke inhalation, or trampling. Among those who perished in the fire were Great White's lead guitarist, Ty Longley, and the show's emcee, WHJY DJ Mike "The Doctor" Gonsalves.
The fire, from its inception, was caught on videotape by cameramanBrian Butler for WPRI-TV of Providence, and the beginning of the tape was released to national news stations. Butler was there for a planned piece on nightclub safety being reported by Jeffrey Derderian, a WPRI news reporter who was also a part-owner of The Station. WPRI-TV would later be cited for a conflict of interest violation for having a reporter do a report concerning his own property.[2] The report had been inspired by the E2 nightclub stampede in Chicago that had claimed 21 lives only four days earlier. At the scene of the fire, Butler gave this understandably agitated account of the tragedy:[3]
...It was that fast. As soon as the pyrotechnics stopped, the flame had started on the egg-crate backing behind the stage, and it just went up the ceiling. And people stood and watched it, and some people backed off. When I turned around, some people were already trying to leave, and others were just sitting there going, 'Yeah, that's great!' And I remember that statement, because I was, like, this is not great. This is the time to leave.
At first, there was no panic. Everybody just kind of turned. Most people still just stood there. In the other rooms, the smoke hadn't gotten to them, the flame wasn't that bad, they didn't think anything of it. Well, I guess once we all started to turn toward the door, and we got bottle-necked into the front door, people just kept pushing, and eventually everyone popped out of the door, including myself.
That's when I turned back. I went around back. There was no one coming out the back door anymore. I kicked out a side window to try to get people out of there. One guy did crawl out. I went back around the front again, and that's when you saw people stacked on top of each other, trying to get out of the front door. And by then, the black smoke was pouring out over their heads.
I noticed when the pyro stopped, the flame had kept going on both sides. And then on one side, I noticed it come over the top, and that's when I said, 'I have to leave.' And I turned around, I said, 'Get out, get out, get to the door, get to the door!' And people just stood there.
There was a table in the way at the door, and I pulled that out just to get it out of the way so people could get out easier. And I never expected it take off as fast as it did. It just -- it was so fast. It had to be two minutes tops before the whole place was black smoke.
Aftermath
Thousands of mourners attended a memorial service at St. Gregory the Great Church in Warwick on February 242003, to remember those lost in the fire. Following the tragedy, GovernorDonald Carcieri declared a moratorium on pyrotechnic displays at venues that hold fewer than 300 people.
Five months after the fire, Great White started a benefit tour, saying a prayer at the beginning of each concert for the friends and families touched by that fateful night and giving a portion of the proceeds to the Station Family Fund. The band said they would never play the song "Desert Moon" again. "I don't think I could ever sing that song again," said lead singer and founder Jack Russell.[4] Guitarist Mark Kendall stated, "We haven't played that song. Things that bring back memories of that night we try to stay away from. And that song reminds us of that night. We haven't played it since then and probably never will."[5] The band also refuses to use pyrotechnics since the tragedy.
Currently, the site of the fire is an empty lot, with the exception of a multitude of crosses, memorials left by loved ones of the deceased. Surviving family members have announced their intention to acquire the site and erect a permanent memorial. [6]
May 202003, nondenominational services began to be held at the site of the fire on a monthly basis. Family members and friends gathered to memorialize their loved ones. In June 2003, the Station Fire Memorial Foundation was formed http://www.stationfirememorialfoundation.org with the purpose of purchasing the property, building and maintaining a memorial. The Foundation continues to hold yearly services on the site, near the anniversary of the fire.
15 years: 4 years to serve 11 years suspended + 3 years probation
In the days after the fire, there were considerable efforts to assign and avoid blame on the part of the band, the nightclub owners, the manufacturers and distributors of the foam material and pyrotechnics, and the concert promoters. Through attorneys, club owners said they did not give permission to the band to use pyrotechnics. Band members claimed they had permission.
Investigators focused on the foam material that had been installed behind the stage. The foam was intended for use in packaging and product display rather than for sound-proofing buildings and was not treated with the fire-retardant materials used in acoustic foam. Witnesses to the fire reported that once ignited, flames spread across the foam at approximately one foot per second.
A National Institute of Standards and Technology (NIST) investigation of the fire, using computer simulations and a mock-up of the stage area and dance floor, concluded that a sprinkler system would have contained the fire enough to give everyone time to get out safely. However, because of the building's age (built in 1946[7]) and size (4,484 square feet (404 m²)), many believed the Station to be exempt from sprinkler system requirements. In fact, the building had undergone an occupancy change when it was converted from a restaurant to a nightclub. This change dissolved its exemption from the law, a fact that West Warwick fire inspectors never noticed. On the night in question, the Station was legally required to have a sprinkler system but did not.[8]
On December 92003, brothers Jeffrey A. and Michael A. Derderian, the two owners of The Station nightclub, and Daniel M. Biechele, Great White's former road manager, were charged with 200 counts of involuntary manslaughter — two per death, because they were indicted under two separate theories of the crime: criminal-negligencemanslaughter (resulting from a legal act in which the accused ignores the risks to others and someone is killed) and misdemeanormanslaughter (resulting from a petty crime that causes a death). All three pleaded not guilty to the charges. The Derderians also were fined $1.07 million for failing to carry workers' compensation insurance for their employees, four of whom died in the blaze.
On November 14, 2005, lawyers for the Derderians requested that all charges against their clients be dropped, alleging that a grand jury was never made aware of a fax vital to the case. The fax, sent anonymously to prosecutors by American Foam Corp. salesman Barry Warner, told of his company's policy of withholding from customers the hazards of its foam products, including flammability.
Band manager's trial
The first criminal trial was to be against Great White's then tour manager Daniel Michael Biechele (pronounced "BEE-clee"), 29, from Orlando, Florida. This trial was expected to start May 1, 2006, but Biechele, against his lawyers' advice[9], pleaded guilty to 100 counts of involuntary manslaughter on February 7, 2006, in an effort to "bring peace, I want this to be over with."[9] Under the plea agreement reached with prosecutors, he could have served up to 10 years in prison.
Biechele sentencing
On May 10, 2006, State Prosecutor Randall White asked the court to sentence Biechele to 10 years in prison, the maximum allowed under the plea bargain, citing the massive loss of life in The Station fire and the need to send a message.[9] Speaking to the public for the first time since the fire, Biechele looked to be truly remorseful during his sentencing. Choking back tears, he made a statement to the court and to the families of the victims.
For three years, I've wanted to be able to speak to the people that were affected by this tragedy, but I know that there's nothing that I can say or do that will undo what happened that night.
Since the fire, I have wanted to tell the victims and their families how truly sorry I am for what happened that night and the part that I had in it. I never wanted anyone to be hurt in any way. I never imagined that anyone ever would be.
I know how this tragedy has devastated me, but I can only begin to understand what the people who lost loved ones have endured. I don't know that I'll ever forgive myself for what happened that night, so I can't expect anybody 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'm so sorry for what I have done, and I don't want to cause anyone any more pain.
I will never forget that night, and I will never forget the people that were hurt by it.
I am so sorry.
As the thirty-minute sentencing progressed, Biechele accepted responsibility for his crime.
Superior Court Judge Francis J. Darigan sentenced Biechele to 15 years in prison, with four to serve and 11 years suspended, plus three years probation, for his role in setting off the fire.[10] Darigan remarked, "The greatest sentence that can be imposed on you has been imposed on you by yourself." With good behavior, Biechele would be eligible for parole in September 2007. Judge Darigan deemed Biechele highly unlikely to re-offend, which was among the mitigating factors that led to his decision to impose the sentence.
The sentence drew mixed reactions in the courtroom. Many of the families believed that the punishment was just; Biechele was going to have time to repent for what he had done. Others were hysterical, still desiring justice for their dead loved ones.[10]
Biechele's parole supported by families of victims
On September 42007, families of the fire's victims expressed their support for Biechele's parole.
Leland Hoisington, whose 28-year-old daughter Abbie was killed in the fire, told reporters, "I think they should not even bother with a hearing -- just let Biechele out... I just don't find him as guilty of anything." The state parole board received approximately 20 letters, the majority of which expressed their sympathy and support for Biechele, some going as far as to describe him as a "scapegoat" of limited responsibility.
Board chairwoman Lisa Holley told journalists of her surprise at the forgiving of the families, saying, "I think the most overwhelming part of it for me was the depth of forgiveness of many of these families that have sustained such a loss."
Dave Kane and Joanne O'Neill, parents of youngest victim Nicholas O'Neill, released their letter to the board to reporters. "In the period following this tragedy, it was Mr. Biechele, alone, who stood up and admitted responsibility for his part in this horrible event... He apologized to the families of the victims and made no attempt to mitigate his guilt," the letter said.
Others pointed out that Biechele sent handwritten letters to the families of each of the 100 victims and that he had a work release position in a local charity.
On September 192007, the Rhode Island Parole Board announced that Biechele would be released in March 2008.
Biechele was released from jail on March 192008. As reported by the Associated Press, he did not answer any questions, and was quickly whisked away in a waiting car.
Nightclub owners' trial
Following Biechele's trial, the Station's owners, Michael and Jeffrey Derderian, were scheduled to receive separate trials. However, on September 21, 2006, Superior Court Judge Francis J. Darigan announced that the brothers had changed their pleas from "not guilty" to "no contest," thereby avoiding a trial.[11] Michael Derderian received 15 years in prison, with four to serve and 11 years suspended, plus three years probation--the same sentence as Biechele. Jeffrey Derderian received a 10-year suspended sentence, three years probation, and 500 hours of community service.
In a letter to the victims' families,[12] Judge Darigan said that a trial "would only serve to further traumatize and victimize not only the loved ones of the deceased and the survivors of this fire, but the general public as well." He added that the difference in the brothers' sentences reflected their respective involvement with the purchase and installation of the flammable foam.
Rhode Island Attorney General Patrick C. Lynch objected strenuously to the plea bargain, saying that both brothers should have received jail time and that Michael Derderian should have received more time than Biechele.[11]
In January 2008, the Parole Board decided to grant Michael Derderian an early release, he will be released from prison in September 2009.[13]
Civil settlements by other defendants
As of August 2008, nearly $175 million has been offered to the families of the victims of the fire by various defendants in settlement.
In February 2008, Providence television station WPRI made an out of court settlement of US $30 million, for their part of the tragedy. WPRI (owned by LIN Broadcasting) was filming a story on nightclub tragedies, and was there that night to film as part of their story. They agreed they were negligent because the cameraman and equipment blocked a fire exit.[14]
In late March 2008, JBL Speakers settled out of court for $815,000. JBL was accused of using flammable foam inside their speakers. The company denied any wrongdoing.[15]
Sealed Air Corporation has agreed to pay $25 Million as settlement. Sealed Air made soundproofing foam installed in the club.[19] The State of Rhode Island and the town of West Warwick have each agreed to pay $10 Million as settlement.[20]
On September 2nd, 2008 the band, Great White, offered a sum of $1 million dollars in a settlement to survivors and victim's relatives.[21] This amount was the maximum allowed under the band's insurance plan.[22] Club owners Jeffrey and Michael Derderian have offered to settle for $813,000[23] which is to be covered by their insurance plan due to the pair having bankruptcy protection from lawsuits.[23]
There are other named defendants who have not yet made a settlement offer including American Foam Corporation who sold the insulation to the Station Nightclub.[24]
Station Family Fund The Station Family Fund founded in 2003 is an all volunteer non profit founded by survivors of the fire in the aftermath of the Station nightclub fire to meet the needs of the survivors and victims families
Continuing detailed coverage by the Providence Journal Including: an investigation of the town's fire, police, and building inspection processes; the National Institute of Standards and Technology report on the fire; a report of the emergency response to the fire; dangers of polyurethane foam in furniture, mattresses, pillows, and carpet padding; profiles of the club's owners; and the indictment and civil complaint documents. Free registration required.
^ abPBN staff (2008-05-27). "McLaughlin & Moran, Anheuser-Busch offer $21M settlement in Station fire case". Providence Business News. Retrieved 2008-09-03. "Under the proposal, the carriers would pay $16 million for settlement of all claims against McLaughlin & Moran." The other $5 million would be paid by St. Louis-based Anheuser-Busch, the nation's largest brewer.
^PBN staff (2008-02-13). "WHJY, Clear Channel offer $22M Station fire settlement". Providence Business News. Retrieved 2008-09-03. Local radio station 94 WHJY-FM and parent company Clear Channel Communications Inc. (NYSE: CCU) have reached a tentative $22 million settlement of lawsuits brought by victims and survivors of the fatal nightclub fire five years ago in West Warwick, Clear Channel said today.
^Staff reporter (2008-02-13). "Home Depot Settles In R.I. Nightclub Fire". The Associated Press. Retrieved 2008-09-03. Home Depot Inc. and a Connecticut insulation company have tentatively agreed to a $5 million settlement in lawsuits brought by survivors of a 2003 nightclub fire and relatives of the 100 people killed, a lawyer for the families said Wednesday.
^Tucker, Eric (2008-09-02). "Great White offers $1M to settle fatal fire suits". The Associated Press. Retrieved 2008-09-03. Great White's insurer is covering the settlement. The insurer has previously said that $1 million was the maximum amount of the band's insurance policy.
^ abTucker, Eric (2008-09-03). "RI nightclub owners reach settlement in fatal fire". The Associated Press. Retrieved 2008-09-03. Jeffrey and Michael Derderian, the owners of The Station nightclub in West Warwick, have reached an $813,000 settlement with survivors and relatives of those killed, according to court papers filed Wednesday. The settlement will be covered entirely by their insurance policy since the brothers have received bankruptcy protection that shielded them from lawsuits.
