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State v. Biechele | 2005 WL 3338331 (2005)

As a permutation of the felony-murder rule, the misdemeanor-manslaughter rule provides that a person who unintentionally kills another during the commission of an unlawful act that doesn’t amount to a felony may be liable for involuntary manslaughter. In addition, to be liable for misdemeanor manslaughter, there generally must be a causal connection between the defendant’s unlawful act and another’s death. But what if a person lights fireworks inside a nightclub without a license, causing one hundred people to die? Could this be considered misdemeanor manslaughter? The Rhode Superior Court considered this question in State versus Biechele.

On February twentieth, two thousand three, the American rock band Great White performed at a nightclub in Warwick, Rhode Island.

During the show, Daniel Biechele, the band’s tour manager, lit fireworks inside the venue as part of the band’s performance. Tragically, as a result of the fireworks, one hundred people died.

At the time, Biechele wasn’t licensed to possess, control, or use the fireworks under Rhode Island law. Consequently, Biechele’s actions constituted a misdemeanor criminal offense.

Subsequently, Biechele was indicted in Rhode Island Superior Court with one hundred counts of misdemeanor manslaughter and one hundred counts of involuntary manslaughter resulting from criminal negligence.

In response, Biechele, through his attorney, moved to dismiss the misdemeanor manslaughter charges for failing to state an offense and violating his due-process rights.

Specifically, Biechele argued that, under Rhode Island law, the act underlying a misdemeanor manslaughter charge must be malum in se , that is, against the natural, moral, or public principles of society. However, lighting fireworks without a license was malum prohibitum , which isn’t necessarily immoral but only a crime because a statute prohibits it.

Further, Biechele argued that the charges violated his due-process rights because they didn’t require the state to prove any mens rea .

The court considered Biechele’s motion to dismiss the misdemeanor manslaughter charges.

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