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  #21  
Old 02-26-2008
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sailaway21 is just really nice sailaway21 is just really nice sailaway21 is just really nice sailaway21 is just really nice
Fishwife,
Happens all the time to professionals. It starts with an RS4450, which is an inquiry looking towards suspension or revocation of license. Civil suits to follow.

Recreational boaters get a stupidity waiver and don't lose their entire career. (g)
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  #22  
Old 02-26-2008
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Unfortunately, in cases like this, the guy often gets away with all to light a sentence.
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  #23  
Old 02-27-2008
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Omatako will become famous soon enough
If he's from a prominent family, he's sure to have a prominent attorney. Always useful.

And with no witnesses (thought I read that somewhere?) (if there were no witnesses how do we know he was kissing his girlfriend who was on his lap ) the lawyer will be feeling reasonably confident.

As far as running, that doesn't automatically make him responsble for the accident, only that "I panicked, I got a fright, I wasn't acting normally,etc. etc."

Little bugger has every chance of walking

Andre
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Old 02-27-2008
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Quote:
Originally Posted by Omatako View Post
If he's from a prominent family, he's sure to have a prominent attorney. Always useful.

And with no witnesses (thought I read that somewhere?) (if there were no witnesses how do we know he was kissing his girlfriend who was on his lap ) the lawyer will be feeling reasonably confident.

As far as running, that doesn't automatically make him responsble for the accident, only that "I panicked, I got a fright, I wasn't acting normally,etc. etc."

Little bugger has every chance of walking

Andre
Sadly yes, from what digging I could do - however the justice will be done in civil court.. lack of witness - fact that underage women were involved - honestly would make a good desperate housewives episode but not a legal case..

Both families or association thereof have equal and opposing sides of influence..The gentleman that died - his wife passed away two years prior and her prior husband was also well connected....no telling where it will go but most likely in civil court buried in the headlines...
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If you're a member of a prominent family and have a prominent lawyer, you expect to get off with a fine and community service. You don't expect to have to do 4 years in the joint. If that's the best deal the prosecutor is willing to offer, he must believe he has a pretty strong case.
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  #26  
Old 02-27-2008
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If he was drunk and left the scene as reported by press - and according to the occupants of his boat, then he was negilgent and at fault. He's not Ted K, he'll be found quilty.
There were 6 witnesses in the boat at the time; none of which is responsible for the accident and therefore will not be hard to get talking.
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Old 02-27-2008
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a few more details

Pulaski (WSYR-TV) - State Police have arrested and charged a 21-year-old in connection with a boat crash that killed an 85-year-old on Oneida Lake last week.

Brad Bouthillier, 21, of Cicero turned himself in to State Police Pulaski around 1:30pm Tuesday. He was arraigned Tuesday afternoon in Constantia Town Court.

Investigators say he was driving the 20-foot 1996 Starcraft boat that crashed into John Kowalewski’s 19-foot Bayliner last Thursday, killing him.

Bouthillier is charged with criminally negligent homicide and leaving the scene of a fatal boating accident.

He's also charged with unlawfully dealing with a child because investigators believe Brad gave alcohol to a girl on the boat who is 19.

Bouthillier entered a mandatory Not Guilty plea. This is routine during a suspect’s first court appearance.

We have the statements that one of Bouthillier’s passengers made to police, and in them, Danielle Ackerina says a sheriff's deputy stopped them twice while they were drinking in Sylvan Beach. Once to check their id's and once because he smelled marijuana, but apparently found no reason to arrest them.

Danielle admits they had all been drinking and some were smoking marijuana, but says she only saw Brad Bouthillier have one drink during the day, and he didn't smoke.

She talks about their ride back to the marina that evening, when she sat down on Brad's lap and they started kissing.

In her statement to State Police, Danielle says she and Brad were only kissing for a few seconds, when she heard a friend start screaming.

"Daniela loudly screamed 'Brad look out!' Daniela's screams scared me, it was the kind of scream from someone who is about to be in an accident…directly in front of us was another boat...standing in the middle of this boat was an old man looking right at us waving his arms above his head as if to warn us that he was there."

Danielle goes on to say, "Just before we hit his boat the old man's eyes met mine and we looked right at each other. It all happened so quick that Brad didn't have a chance to turn or stop."

State Police believe the accident happened sometime around 5pm. In the moments after, Danielle Ackerina describes the panic on Brad's boat.

"None of us knew what to do...I’m pretty sure everyone had a working cell phone, but no one called for help or called anyone."

She says some wanted to go back to Kowalewski’s boat. The group spent about 5 minutes floating in the water, talking about what to do, then Brad drove the boat back toward the marina around 6pm. There the friends cleaned out the bottles and cans from the boat.

Then, she says "Brad loaded the boat onto his trailer and then we all left...Brad put the boat behind a garage in his house"

We know from Danielle's statements that after the friends left Brad's house, some went to police that night, some went the next morning. Danielle says she just wishes she had called for help for Kowalewski, right after the accident.

A lot of people are wondering why it took until Tuesday, five days later, for us to learn these details and for police to arrest Brad Bouthillier. Investigators say they don't consider this a delayed arrest; it’s simply been a thorough investigation.

They say that because there were seven people on this boat, because they were moving around, they had to make sure they had the right driver and now, they feel confident they do.

Tuesday, we also heard from Brad's father, Bruce Bouthillier. He said this has been a very difficult week, then expressed his sympathy to the victim's family.

“Our sincerest condolences go out to the Kowalewski family for this very tragic accident. This is every parent and kids’ worst nightmare.”

Brad Bouthillier is free on bail. His case now goes to the Oswego County Court, but no dates have been set for his next appearance. As for any charges for his passengers, State Police say they haven't ruled that out.

Bouthillier was a 2004 graduate of Cicero-North Syracuse high school, and currently is a full time student at Onondaga Community College studying Respiratory Therapy. We're told he works for his dad's business, Syracuse Medical Equipment Repair Inc.
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  #28  
Old 02-27-2008
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IMO, here's where the 'accident' turned into a homicide.....

She says some wanted to go back to Kowalewski’s boat. The group spent about 5 minutes floating in the water, talking about what to do, then Brad drove the boat back toward the marina around 6pm. There the friends cleaned out the bottles and cans from the boat.

Then, she says "Brad loaded the boat onto his trailer and then we all left...Brad put the boat behind a garage in his house"
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  #29  
Old 02-27-2008
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It is hard to prove he was drunk, but given that he left the scene of an accident and didn't call for help tends to indicate to me that he was either drunk or high at the time of the accident. From the account above, the witnesses basically admit to drinking and using pot, but try and say that Brad didn't drink or smoke enough to impair his judgement... like they're going to say he was blasted or wasted... yeah, right.

As for it being criminally negligent homicide... I would say that it is manslaughter, rather than criminally negligent homicide... If he wasn't sure whether he had hit someone and had run over a boat that he thought was unoccupied... then it would be criminally negligent IMHO... The fact that he clearly knew that he had run over a man that was waving at his boat to try and warn him off and then intentionally decided not to call for help or go back and try to assist... that makes it more than negligence IMHO. If he had gone back to help or called for help, IMHO, he would be limited to negligent behavior... the conscious choice to leave the old man to die of his injuries is past negligence IMHO.
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Telstar 28
New England

You know what the first rule of sailing is? ...Love. You can learn all the math in the 'verse, but you take
a boat to the sea you don't love, she'll shake you off just as sure as the turning of the worlds. Love keeps
her going when she oughta fall down, tells you she's hurting 'fore she keens. Makes her a home.

—Cpt. Mal Reynolds, Serenity (edited)

If you're new to the Sailnet Forums... please read this
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Still—DON'T READ THAT POST AGAIN.

Last edited by sailingdog; 02-27-2008 at 11:21 AM.
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  #30  
Old 02-27-2008
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regardless of his physical condition(which i agree may be hard to prove) leaving the scene of an accident after 7 adults(most, if not all, were 21 years old at the time---i hate that some refer to them as kids) deliberated for at least 5 minutes(some accounts say 10 min) and then decided to run, not give aid or assistance and hide evidence is abhorrent.
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