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Grief still smolders 10 years after RI club fire

Tuesday - 2/19/2013, 7:42pm  ET

FILE - In this Feb. 8, 2008 file photo, memorials to The Station nightclub fire victims remain at the location of the fire in West Warwick, R.I. The memorials mark the spot where the nightclub was destroyed in a fire that killed 100 people. Ten years later, the imprint of the fire remains - including in the state's strict fire code, passed soon after the blaze, that requires all nightclubs like The Station to install sprinklers. (AP Photo/Steven Senne, File)

Associated Press

WEST WARWICK, R.I. (AP) -- Along a busy commercial road here sits a 10-year-old scar that hasn't healed. Next to a crumbling parking lot, rusty folding chairs sit amid dozens of handmade crosses decorated with beads, stuffed animals and fading photos.

This is where 100 people were killed Feb. 20, 2003, when the tour manager for the rock band Great White set off a flashy pyrotechnics display in an overcrowded nightclub. Its owners had tried to stem noise complaints by lining the walls with what turned out to be flammable packing foam.

In less than a minute, a Thursday evening out for more than 400 music lovers and club employees turned into a nightmare as flames raced through the one-story wooden roadhouse. Some were lucky to escape with nothing more than bloody cuts or singed hair. Others were crushed beneath a throng that surged for the front exit, or died from breathing toxic fumes created by the burning foam. Others survived but were horribly burned, some losing their eyesight or their hands, or becoming so troubled from the horrors they saw that they attempted suicide.

Ten years later, the imprint of the fire remains in this tiny state of just over 1 million residents. It remains in the survivors and victims' family members, many of whom feel justice was never served and who have found different ways to move forward with their lives. It remains in the scars -- physical and mental -- of the people who made it out alive. It remains in the sadness so many here still feel about that night, and the hope that it can be prevented from happening again.

"There's corruption and stupidity and greed, but there's also hope and bravery," said Dave Kane, who lost his 18-year-old son in the fire. "Our children did not die for nothing. There's a great legacy here, and if people listen to it, they will save other lives."

Any number of people could have stopped the fire from happening: Jeffrey and Michael Derderian, the owners of The Station nightclub; the town fire marshal who failed to note the flammable foam inside the club; and Daniel Biechele, Great White's tour manager, who set off the pyrotechnics without a permit.

The only people criminally charged were the Derderians and Biechele, angering many who felt officials including West Warwick Fire Marshal Denis Larocque should have been charged, or Great White members including lead singer Jack Russell. Great White guitarist Ty Longley was among those killed.

Families questioned why Larocque never cited the brothers for the foam. Years later, it emerged that he told investigators he missed it in part because he was focused on a door that swung the wrong way. They also wondered why the capacity of the club was revised up to 404. Regardless of capacity, prosecutors said the club was packed with 458 people the night of the fire.

They hoped a trial would answer those and other questions. Did Great White have permission to use the pyrotechnics? The Derderians said it didn't, but the band insisted it did. Why did the Dederians install flammable polyurethane foam instead of soundproofing fit for the interior of a nightclub? The Derderians said they didn't know it was flammable. Why wasn't the club closed after being cited multiple times for code violations?

In 2006, hopes of a trial were dashed when first Biechele, then the Derderians, reached plea deals. Biechele pleaded guilty to 100 counts of involuntary manslaughter. At his sentencing hearing, he tearfully apologized and took responsibility.

"I don't know that I'll ever forgive myself for what happened that night, so I can't expect anybody else to," he said. He was sentenced to serve four years in prison but was released on parole after less than two.

Later that year, the Derderians struck a deal, agreeing to plead no contest rather than guilty. Jeffrey avoided prison time, while Michael was sentenced to serve four years. Families of the dead were outraged by sentences they believed were too lenient, and by the fact that the brothers would be allowed to plead no contest, rather than guilty. At their sentencing hearing, many aimed their anger straight at Superior Court Judge Francis Darigan, with one telling him, "Lady Justice in Rhode Island is blind, but she's also deaf."

Michael Derderian served less than three years in prison.

Later, lawsuits brought by families of the dead and the injured were settled for $176 million. Dozens of defendants agreed to settle, including the state, a salesman for the company that sold the foam, and the parent of WPRI-TV, where Derderian was a reporter and whose cameraman was there and was accused of getting in the way of people fleeing. A large portion of the money went to lawyers' fees. Those with the most severe injuries received the largest settlements, but many of them face hundreds of thousands or millions of dollars in medical bills. Some survivors declared bankruptcy as they awaited settlement checks.

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