Boating Accident

[john60ri]

To THE EAGLE: Thankfully, the jury saw past the "reasonable doubt" that the defense attorney tried to create, and went with the solid evidence of her guilt. She's lucky the jury went easy on her.

[NoBozo]

The dialog on this thread.. and the other one, is Not About Justice. It's about GET THIS RICH.............Person of Privilege.

Try this scenario: A poor Section 8 Black Women in a John Boat with two friends...fishing for food for their family. The boat capsizes in rough water in broad daylight...the water is cold... One of the friends drowns. The poor Black Women operating the tiller on the outboard motor is the "Captain" ....NO..?? She IS responsible for the death of her friend.......NO..?

She (The Captain) made a wrong decision to go out this day. The boat sank. She didn't read the weather right. Should she go to Prison for this offence...? Other than sincere sympathy for ALL the women on the boat....we wouldn't be talking about this incident...would we..??? NB

[Eagle]

Originally Posted by NoBozo

The dialog on this thread.. and the other one, is Not About Justice. It's about GET THIS RICH.............Person of Privilege.

Try this scenario: A poor Section 8 Black Women in a John Boat with two friends...fishing for food for their family. The boat capsizes in rough water in broad daylight...the water is cold... One of the friends drowns. The poor Black Women operating the tiller on the outboard motor is the "Captain" ....NO..?? She IS responsible for the death of her friend.......NO..?

She (The Captain) made a wrong decision to go out this day. The boat sank. She didn't read the weather right. Should she go to Prison for this offence...? Other than sincere sympathy for ALL the women on the boat....we wouldn't be talking about this incident...would we..??? NB

You didn't mention: "Was she drunk? Was she speeding?".

[Yankee]

Originally Posted by NoBozo

The dialog on this thread.. and the other one, is Not About Justice. It's about GET THIS RICH.............Person of Privilege.

Try this scenario: A poor Section 8 Black Women in a John Boat with two friends...fishing for food for their family. The boat capsizes in rough water in broad daylight...the water is cold... One of the friends drowns. The poor Black Women operating the tiller on the outboard motor is the "Captain" ....NO..?? She IS responsible for the death of her friend.......NO..?

She (The Captain) made a wrong decision to go out this day. The boat sank. She didn't read the weather right. Should she go to Prison for this offence...? Other than sincere sympathy for ALL the women on the boat....we wouldn't be talking about this incident...would we..??? NB

I'll do you one better, based upon my own experience:

In 1998, I kept my boat in Roberts Cove as I had for many years. I took 1/2 day off and went to the marina. I believe that it was a Thursday. When I got there, I encountered the harbor master, George who was with this young guy who was just getting off of a sailboat that had just dropped him off. He was hysterical about the boat that he and his family were in that had sunk on the way to their camp on Moose Island. For those of you who know the basin-and remember George, I ran around to the other side, jumped in my boat and was literally up on plane before I went past the gas dock to render assistance. George was yelling "Yah boy!, you go boy!, you find 'em!" in that accent he had with his arm outstretched pointing out of the cove as I went by. I'll never forget it. But I digress.

It can get very rough on that part of the lake where that boat went down--some of the roughest water on the lake is in that area. The search by myself, other boaters, and the Marine Patrol never found the one family member missing and that young man was never found. It to came to light that the boat had way too many people on board and way too much cargo in it for it's hull rating. As the boat went down, the few who had the opportunity to grab a a life jacket or cushion (there weren't enough on board) immediately discarded them as they were old and began to sink. There was even some discussion a few days later that the person who drowned was not a good swimmer and that the life jacket he had managed to put on pulled him under...

IMO, the Captain of that boat made not one but two cardinal mistakes: He overloaded his craft and didn't carrying adequate flotation devices for each of his passengers. As far as I know, the Captain of that boat was never charged or even accused of negligence. With all the hysteria over this case, it begs the question of what is the statue of limitations for negligent homicide?

The bigger question that comes to mind in the Diamond Island accident is would there have been legal charges brought forth if alcohol wasn't involved?

[Island Girl]

If one witness says 18 mph and another says 28 mph, that is not reasonable doubt, it is some doubt. The reasonable comes into play when the jurors have to decide which witness is more credible. They do not have to be completely certain and can have some doubt.

If two witnesses say the opposite thing and that is called reasonable doubt, then no one would ever be convicted. Juries have to decide which witnesses' testimony is beyond mere doubt, but to a higher level of certainty but not absolute certainty.

I was on a drunk driving trial a few years ago and after much deliberation one woman still would not convict because she misunderstood the directions. She thought the defendent had to be drop dead drunk to be convicted. When the judge explained .... enough to drink to be impaired, she immediately voted to convict as she felt that one drink was enough to be impaired.

Erica said she had 3 drinks over a period of a few hours. In order to have a BAC of a .15% a 140lb female has had 4 drinks in an hour.

I agree with jeffk, she was legally drunk, nearly twice the legal limit. If you are interested read on about the effects of alcohol at various BAC levels. Erica's level is in red.

I don't know why juries feel sorry for drunk drivers and have trouble convicting.

Otherwise... lets do the no rain dance!!

BAL .02 %-.03 %: You feel mildly relaxed and maybe a little lightheaded. Your inhibitions are slightly loosened, and whatever mood you were in before you started drinking may be mildly intensified.

BAL .05 %-.06 %: You feel warm and relaxed. If you're the shy type when you're sober, you lose your feelings of shyness. Your behavior may become exaggerated, making you talk louder or faster or act bolder than usual. Emotions are intensified, so your good moods are better and your bad moods are worse. You may also feel a mild sense of euphoria.

BAL .08 %-.09 %: You believe you're functioning better than you actually are. At this level, you may start to slur your speech. Your sense of balance is probably off, and your motor skills are starting to become impaired. Your ability to see and hear clearly is diminished. Your judgment is being affected, so it's difficult for you to decide whether or not to continue drinking. Your ability to evaluate sexual situations is impaired. Students may jokingly refer to this state of mind as beer goggles, but this BAL can have serious repercussions.

BAL .10 %-.12 %: At this level, you feel euphoric, but you lack coordination and balance. Your motor skills are markedly impaired, as are your judgment and memory. You probably don't remember how many drinks you've had. Your emotions are exaggerated, and some people become loud, aggressive, or belligerent. If you're a guy, you may have trouble getting an erection when your BAL is this high.

BAL .14 %-.17 %: Your euphoric feelings may give way to unpleasant feelings. You have difficulty talking, walking, or even standing. Your judgment and perception are severely impaired. You may become more aggressive, and there is an increased risk of accidentally injuring yourself or others. This is the point when you may experience a blackout.

BAL .20 %: You feel confused, dazed, or otherwise disoriented. You need help to stand up or walk. If you hurt yourself at this point, you probably won't realize it because you won't feel pain. If you are aware You've injured yourself, chances are you won't do anything about it. At this point you may experience nausea and/or start vomiting (keep in mind that for some people, a lower blood alcohol level than .20 % may cause vomiting). Your gag reflex is impaired, so you could choke if you do throw up. Since blackouts are likely at this level, you may not remember any of this.
...there is more, but you get the picture.