Quote:
Originally Posted by jeffk
...I would think the only extenuating circumstance would be if something serious happened to the mechanicals of the boat like the throttle jammed or the steering failed. No one has suggested that is what happened...
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Assuming the BAC is excluded and taken out of the equation, then she is charged with Negligent Homicide. There is a big gray area between broken mechnicals and negligence.
It's by no means a guarantee that a jury will find her guilty of negligence, it gets into a judgement call. Was she going too fast, did she have a proper lookout, was she distracted, it gets messy in a hurry. If you take booze out of the picture, this is a much different case.
An accident that causes a death is not automatically a homicide.