Since it seems to me that a vigorous defense would probably challenge any prosecution evidence that it could, the prosecutor may just be trying to be thorough by preparing the second charge. It might also be leverage to force a plea.
It seems to me that defending against the general negligence charge will be very difficult since it is based on what a "reasonable person" would do and almost every boat accident can show some form of negligence, too fast for conditions, insufficient lookout, zigged when you should have zagged, etc.
This is all just speculation since we don't know many critical facts of the case nor what the strategy of the prosecution or defense will be.
|