Join Date: May 2005
Thanked 30 Times in 29 Posts
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Sometimes when something like this happens, the authorities use the "not enough evidence" one has to wonder. Then again, maybe there is NOT enough evidence etc to get the minimum guilty charge they want against the Captain. IE a slap in the wrist, time served vs negligent homicide, along with a few years in jail etc.
Duct tape on the sails.......not a real factor frankly as Zanshin mentioned in the overall scheme of things. I have a sail with some on it now, now that I think about.
lack of PFD's on the other hand, along with not wearing them.........must not have been again, not enough power in the law to go after the captain etc on this part. I do not want to quote the age, but isn't part of the law state, over age "12" one does not need a pfd on their person, just available!?!?! Please note, "12" is a discussion point/example age only!
I could see this person/party being put out of biz from a potential civil suit, as the "guilt" part has a lower bar for the charging party to get a "guilty" if one will put it that way, out of the potential guilty part, ALA OJ! Got away with murder in the criminal case, guilty in the civil! I will admit, I do not agree with this thought from the DA, but with the current economy, cuts in govmnt budgets etc.......The DA may have had to go with a more positive case to charge someone, vs this one or not enough $$$ to investigate properly too! Their may also not have been enough criminal intent on the captain either, hence why not enough evidence.
Not that I agree with the DA mind you. Some charge would have been better than nothing. then again...... "Guilty with time served" sure would not make me happy if I was a DA in this situation!
She drives me boat,
I drives me dinghy!