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Angler charged after pulling up diver

Discussion in 'Diving Litigation' started by trtldvr, Jun 29, 2012.

  1. mdax

    mdax Solo Diver

    # of Dives: 500 - 999
    Location: High Springs, FL
    I can't imagine my response if that's been me...for sure would have involved multiple felonies or a stand my ground response to the attempted murder.
    Agreed that the only reason he was even charged was her fed status
  2. TSandM

    TSandM Missed and loved by many. Rest in Peace ScubaBoard Supporter

    My first reaction to the story is that it's a perfect example of why you should be VERY careful about what's actually attached to your person. You can't control the behavior of others (I work in an ER; God knows I know this) but you CAN do what you can to avoid becoming a victim.
  3. Ste Wart

    Ste Wart Master Instructor

    # of Dives:
    Location: England
    A 74 year old pulled a woman up from nearly 18 metres in less than a minute, really? He must be quite spry for his age. I have enough trouble hauling in a deep shot, let alone a whole person fighting against it. If it was in a minute, or less, she probably swam up to see what the problem was. I find this tale highly suspicious.
    I'm not condoning the fisherman, but the reporting sounds exaggerated.
    hellinahelmet304 likes this.
  4. DandyDon

    DandyDon Old men ought to be explorers ScubaBoard Supporter

    # of Dives: 200 - 499
    Location: One kilometer high on the Texas Central Plains
    You can say ass on SB. :wink:

    Judges can be creative at times. One recently offered to reduce the length of community service on a kid if the mom cut her pony tail off at the base in the court - and she did. I don't think corporal punishment would be allowed tho. I still want to take his boat, maybe give it to the research organization - but Florida is no longer really part of Dixieland. It used to be, but it's changed so.

    I remember being on a ScubaLuv boat up near Twin Harbors once when the Scouts were taking loaded boats out, and one of them headed towards us. :eek:
  5. nimoh

    nimoh Public Safety Diver

    # of Dives: 500 - 999
    Location: Rochester, MN
    I agree that an SMB should never be attached and I also agree that dive flags are a more of a hazard to divers than a safety device.

    To charge this guy with attempted murder would be way over the top, since he shouldn't have been able to pull up the diver. He does need to be charged with something, and hopefully the case gets a lot of publicity among boaters.
  6. DandyDon

    DandyDon Old men ought to be explorers ScubaBoard Supporter

    # of Dives: 200 - 499
    Location: One kilometer high on the Texas Central Plains
    It's such a minor charge, a lawyer should be able to plea it for next to nothing. Sorry.
  7. gmanstan

    gmanstan Solo Diver

    # of Dives: 200 - 499
    Location: Bay Area, No. Cali
    I think this guy was lucky it was a woman and someone not of an aggressive nature. Had this been me he hauled up the story might have read "Diver retrieves unconscious fisherman's body".
    Hopefully the prosecutor reads up on DCS & Lung injuries and helps the court to understand just how serious this offense really is, or what it could have led to.
    Fuzzy shank and vapourinthesea like this.
  8. Danseur

    Danseur Instructor, Scuba

    # of Dives: 1,000 - 2,499
    Location: New York City
    Reckless endangerment? Criminal Mischief? Failure to obey boating laws? Vandalism? Assault?

    Pick a couple, make at least one GOOD one stick. Fine enough to let him, or anyone reading about it, never ever muck with a dive flag or the diver under it.

    Same should go for those special little creatures who steal deco bottles at Ginnie Springs and the like, but that's another thread.
  9. Hank49

    Hank49 Solo Diver

    She's neutrally buoyant. All she could do is kick real hard to try and stay down. It'd be like hand lining in a 30 lb grouper.....errr.....snapper. :D
  10. Magnolia3

    Magnolia3 Solo Diver

    Seaweed... a line wrapped around is much better... most fishermen are not smart enough to have a line cutter on the prop. Any number of seabottom things she could have used.... I concur with the kick thing.. guy had already assaulted her.. If he had his hands on her, then she had every right to use anything she could get her hands on to defend herself...
    Sounds like this person needs a psych evaluation.

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