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Catalina/Capri 25/250 Sailor's Forums

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The thin blue line.........

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johnsonp
Admiral

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USA
606 Posts

Initially Posted - 08/14/2008 : 12:44:42

This still bothers me.....even though I take Prozac.
Since the boat was insured by BoatUS, maybe they will keep it on the fire until someone retires.
To bad this is not resolved by a Jury.
http://www.boatus.com/seaworthy/justice.asp

paulj

Edited by - on

JimB517
Past Commodore

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USA
3285 Posts

Response Posted - 08/14/2008 : 13:04:42

This case has been discussed extensively on Sailing Anarchy. It is a clear travesty of justice. Somehow, somewhere, I hope a fair and impartial judge and jury get to look at this case. I can't believe the powerboater was not charged.

I am not going to write any more at risk of getting into politics.

I am very glad to see BOAT US is getting behind the sailors.

Edited by - on

Dave Bristle
Master Marine Consultant

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Djibouti
10005 Posts

Response Posted - 08/14/2008 : 13:28:20

The manslaughter trial will be before a jury, right? I thought there was a later story about the CA Attorney General's office stepping in, and trouble for the prosecutor... I'll have to look some more. This smells like black-and-white roadkill.

Edited by - on

piseas
Former Treasurer

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USA
2017 Posts

Response Posted - 08/14/2008 : 13:37:10

Outrageous does not even properly describe this case.
Steve A

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JohnP
Master Marine Consultant

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1520 Posts

Response Posted - 08/14/2008 : 14:30:21

The sailor in that case may have to counter-sue to try to recover his costs, and then only after 5 or 10 years of litigation.

Edited by - on

dmpilc
Master Marine Consultant

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USA
4593 Posts

Response Posted - 08/14/2008 : 15:45:21

You can bet that the powerboater would have been charged if the roles were reversed. Helps also to occasionally shine a flashlight on the sails at night.

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Dave Bristle
Master Marine Consultant

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Djibouti
10005 Posts

Response Posted - 08/15/2008 : 09:05:02

<blockquote id="quote">quote:<hr height="1" noshade id="quote">Originally posted by dmpilc
 You can bet that the powerboater would have been charged if the roles were reversed. Helps also to occasionally shine a flashlight on the sails at night.<hr height="1" noshade id="quote"></blockquote id="quote">...and the charge wouldn't have been heavier than manslaughter.

I love the contention that one can see the silhouette of boats against the shore lights as a way of avoiding them... At 50 mph??? What a crock! So if you turn your lights on, then you look like shore lights and some wahoo is going to run over you!

Edited by - on

delliottg
Former Mainsheet C250 Tech Editor

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USA
4479 Posts

Response Posted - 08/15/2008 : 09:35:42

<blockquote id="quote">quote:<hr height="1" noshade id="quote">
I love the contention that one can see the silhouette of boats against the shore lights as a way of avoiding them... At 50 mph???<hr height="1" noshade id="quote"></blockquote id="quote">
I remember doing exactly this in the Persian Gulf, but then again, we were blacked out as was most everyone else. It was sort of frightening to watch the lights on shore be occluded by the silhouette of another warship going by less than a mile away. Of course I wasn't at the helm, and I'm positive we knew exactly where the other ships were by radar, but for me standing on the aft deck after a watch, the feeling was palpable, there were other hunters out there, just like us. Also, we weren't going anywhere near 50mph, and probably would have shot anyone approaching the boat at that speed, especially at night, with no lights.

I hope this particular case ends up in a jury trial. I think the entire thing would be very different if the speedboat wasn't somehow associated with a law enforcement officer. I know that cops cut each other slack with traffic violations and whatever, and I don't even really have a problem with that, but they crossed the line the Paul originally referred to with this case.

Edited by - on

Stardog
Captain

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USA
319 Posts

Response Posted - 08/19/2008 : 08:00:10

Obviously a set-up by law enforcement officers to cover up responsibility by one of their own. Sounds harsh, but the findings of tampering with evidence are clear. Regardless, this is the reason a license should be required for anyone at the helm of a boat that can exceed 30 mph.

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Sloop Smitten
Master Marine Consultant

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USA
1181 Posts

Response Posted - 08/19/2008 : 09:15:07

I would venture a guess that over 99% of automobile accidents are caused by people who possess a drivers license. I don't see how licensing boat owners would have prevented this accident. I doubt there was anyone who knew more about the proper way to operate a boat then the officer who operated the powerboat. He just chose to ignore good common sense. Just like people who drive drunk. They know better but choose to do otherwise.

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Champipple
Master Marine Consultant

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USA
6855 Posts

Response Posted - 08/19/2008 : 09:36:49

As Jim said this has been on sailing anarchy - extensively is an understatement. Plenty of theories, support, Lack of support and the usual assininity that comes with a sailing anarchy thread - but worth the read nonetheless:

http://forums.sailinganarchy.com/index.php?showtopic=72984

Edited by - on

smoken
1st Mate

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USA
67 Posts

Response Posted - 08/19/2008 : 22:23:08

This is truely a sad story. My wife & I really enjoy night sailing. It can be pretty scary to hear that big motor sound and not to be able to locate the running lights so to determine it's where abouts and heading. The lake we sail on has 5 or 6 night clubs on it and after about 1 am you really start paying attention to sounds and lights. I think there is a big difference in boating safety on salt water compared to fresh water.

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Champipple
Master Marine Consultant

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USA
6855 Posts

Response Posted - 08/20/2008 : 06:33:05

<blockquote id="quote">quote:<hr height="1" noshade id="quote">Originally posted by smoken
 I think there is a big difference in boating safety on salt water compared to fresh water.
<hr height="1" noshade id="quote"></blockquote id="quote">

Or maybe better put there is a big difference between inland lakes and coastal waters

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