Club Fire Plea Deal Sparks Outrage

An attempt to close the case on the tragic 2003 nightclub fire in Rhode Island has instead reignited controversy.

The club owners who booked the ill-fated Great White gig--whose out-of-control pyrotechnics sparked a blaze that killed 100 people and injured hundreds of others--have reached a deal in the case. The plea bargain, which includes no jail time for one of the owners and four years for the other, is not sitting well with victims' relatives. And the release of the settlement's details is not sitting well with the judge.

Brothers Jeffrey and Michael Derderian have agreed to plead no contest to involuntary manslaughter. In exchange, Jeffery will face probation, community service and a suspended sentence but will log no time behind bars, while Michael will serve four years. The agreement effectively ends the brothers' separate trials.

According to Francis Darigan, the judge overseeing the case, news of the plea deal was leaked Wednesday to the press by the office of Rhode Island Attorney General Patrick Lynch, which gave a copy of a letter intended for victims' families to a local newspaper.

In the three-page note, which was first obtained by the Providence Journal and has since made the rounds through the national press, Lynch outlined the specific details of the agreement and insisted he was not thrilled with the settlement. A count of involuntary manslaughter could carry up to 30 years of prison time.

"I want each of you to understand that as attorney general, I have not agreed to this disposition, and I will continue to strongly voice my objection," Lynch wrote. "Despite their desire to admit to the charges against them, I was unwilling to recommend or agree to the sentences that I have been advised the court will impose. Most significantly, I strongly disagree with the court's intention to sentence Jeffrey Derderian to less than jail."

But the presiding judge is less than thrilled by the disclosure.

Speaking from the bench Thursday, Darigan called Lynch's letter "despicable" and "devoid of any consideration for the victims of this tragedy."

Many of the victims' loved ones are saying the same thing about the ruling.

"As far as I'm concerned, these guys are getting away with murder," Charles Sweet, who lost his son, Shawn, and Shawn's girlfriend, Laura Gillette, told the New York Times. "I really thought that these two guys would be facing some serious jail time. I mean, they had 440 people inside that club, and the capacity was 300. My wife and I are devastated."

Many family members see this as yet another slap in the face. In May, Great White tour manager Daniel Biechele was sentenced to four years behind bars for lighting the pyrotechnics without the required permit after pleading guilty to 100 counts of involuntary manslaughter, a ruling many considered too lenient.

"I can't believe the attorney general is just going to stand by and say okay to this," Diane Mattera, whose daughter Tammy Mattera-Housa died in the fire, told the Associated Press. "I mean, we got shafted with Biechele and now the same stuff basically is being pulled."

"I lost people in that fire. I lost friends in that fire. It's not going to bring them back," clubgoer Cara Ann Del Sesto told the Providence Journal. "People are going to be [upset]. They wanted to see them hung from the nearest tree--myself included."

Her twin sister, Lisa, told the newspaper she wanted Jeffrey Derderian to serve his community service working with survivors. "I just hope he spends the 500 hours community service helping the people whose lives he changed."

An attorney for the Derderians, Kathleen Hagerty, told the Providence Journal that a prosecutor in Lynch's office proposed the deal and the judge signed off on it.

In a press conference Thursday, Lynch disputed the claim and also said the judge was "jumping to conclusions" by asserting someone in Lynch's office was responsible for the leak.

Hagerty, meanwhile, explained the reason for the discrepancy in sentencing was because Michael purchased the soundproofing foam that ignited on the stage during the heavy metal band's Feb. 20, 2003, performance. She also added that her clients "are looking to put a resolution to this and to avoid any further pain to any of the victims' families or survivors of the tragedy."

The brothers are scheduled to enter their guilty plea on Sept. 29, and sentencing could occur the same day.