Long Lake night navigation accident

jrc · 09-26-2008, 08:30 AM

Taking this one step at a time, the aggravated OUI charge seemes like a slam dunk. He was clearly over the limit, he hit the other boat, people were killed, go directly to jail.

The other charges require the jurors to make judgement calls. Was he being reckless and negligent or just careless. Did the victim contribute to his own death by having no lights. Think of people you know and imagine them on the jury. They see this man in front of them, he doesn't look like a bad man, he looks like someone that had a few too many and made a mistake. They don't know the victims, after a long trial they know him. It's not hard to believe that few would feel that two guilty charges was enough.

I don't know all the facts, I didn't sit through the trial. But I can't see how operating a boat at speed, at night and while drunk isn't reckless and grossly negligent.

It is strange that the speed of the boat could not be determined more accurately than 50-65 MPH.

09-26-2008, 08:30 AM	#1
jrc Senior Member Join Date: Apr 2004 Location: NH Posts: 2,689 Thanks: 33 Thanked 439 Times in 249 Posts	Taking this one step at a time, the aggravated OUI charge seemes like a slam dunk. He was clearly over the limit, he hit the other boat, people were killed, go directly to jail. The other charges require the jurors to make judgement calls. Was he being reckless and negligent or just careless. Did the victim contribute to his own death by having no lights. Think of people you know and imagine them on the jury. They see this man in front of them, he doesn't look like a bad man, he looks like someone that had a few too many and made a mistake. They don't know the victims, after a long trial they know him. It's not hard to believe that few would feel that two guilty charges was enough. I don't know all the facts, I didn't sit through the trial. But I can't see how operating a boat at speed, at night and while drunk isn't reckless and grossly negligent. It is strange that the speed of the boat could not be determined more accurately than 50-65 MPH.