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Originally Posted by Gavia immer
A wayward swim raft would also have no lights.
Except for the length of his 27' boat, there's a lot we don't know about this operator. How fast would a big powerboat need to be travelling to chop through only one end of a kayak? Was he impaired? Did he leave because he was impaired? Was he navigating by GPS? That night had calm water, low traffic, a full moon and very clear visibility.
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The wayward swim raft normally wouldn't be occupied, would be close to shore and wouldn't be required by law to display proper lighting.
Regardless if the water was calm, traffic low, a full moon and clear visibility, the fact remains that a vessel was operating during the hours of darkness, between sunset and sunrise, without displaying proper lighting. The operator was at extreme risk of being killed.