ScubaSarus
Guest
Do we know thats the case though.
I feel in any death, that the scene needs to be secured and investigated as a possible homicide.
Anyone know how to reach David Swain?
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Do we know thats the case though.
I feel in any death, that the scene needs to be secured and investigated as a possible homicide.
I don't think we do know that is the case.
I only know what I've read in the papers, but I got the distinct impression from the reports that the authorities in Tortola were initially suspicious. They ruled it "an accident unless proven otherwise" which certainly sounds like they were leaving the door open to the idea that it might have been foul play. I suppose that could be the standard wording used in an accident down there, but I'd be surprised.
What I take from the news reports is that the BVI authorities already had most of the the information used in the civil trial. The dive shop owner that recovered the gear testified in the civil case that the authorities weren't very interested in it when he told them about the condition of the gear or Swain's behavior telling him to dispose of it, but whether they were interested in it or not, he did tell them and therefore they did know. All that seems to have changed was whether the authorities felt it was enough to make a charge and go to trial. The civil case and the new criminal charge don't seem to have been the result of any new information.
It is also possible that the the folks in BVI felt some pressure to move against Swain as a result of the civil verdict because people would start asking why a man found liable of killing someone in a civil court was never criminally charged.
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ScubaSarus
Guest
You took the words outta my mouth. I was thinking the same today.
The BVI authorities may be saving face for their failure act earlier. And now, it has taken a 12 yr struggle by the family of the deceased to bring forth action to prosecute a possible homicide.
Has to be painful for both sides.
If they have the ability to expedite and bring him to trial, they should have the ability to do a proper investigation to begin with. A fair trial is lost and thats unfair to both sides.
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LobstaMan
Guest
On quote #1, you're right we don't know anything in this case other than what we're hearing from news outlets and attorneys.
On quote #2, That may be the case in enlightened, organized and exerienced jurisdictions like here in MASS. Here, the DA's Office in each county is mandated to investigate every sudden death, unattended death, accidental death and of course, homicides. The investigatory arm of the DA's Offices are State Police Detectives unless the occurrence happened in Boston or Springfield where the city police have primary jurisdiction. I'm sure it's not that well-organized in Tortola. And cases still fall through the cracks in MASS. So you could imagine that scuba diving accidents aren't routinely invesigated as homicides in BVI. It's just reality, not CSI-BVI.
LobstaMan
Rainer
Contributor
That's just plain silly. There are over 150,000 deaths a day. That alone would swamp worldwide police efforts. Sorry, just ridiculous.
ScubaSarus
Guest
Alot of those deaths Rainer are in the hospital, sickness, auto accidents etc. I may say any "suspicious or death" to rule out foul play as it was suspicious from the start without question.
It wasn't until 12 yrs later Dave told the paramedics to stop CPR or donate her gear; it was in the time frame a good foresnics investigation should have been carried out so as not to have what is happening now 12 yrs later.
It wasn't until 12 yrs later Dave told the paramedics to stop CPR or donate her gear; it was in the time frame a good foresnics investigation should have been carried out so as not to have what is happening now 12 yrs later.
Rainer
Contributor
ScubaSarus
Guest
Actually, No; its not what I wrote. You're correct.
Hey, I am waiting to hear what happened yesterday. I am waiting for my cousin to get out of work so that I can ask her what happened yesterday. He was supposed to have his preliminary hearing but I haven't heard what happened. His daughter is my second cousin. He used to be married to my first cousin and I have always known him to be a great man, ready to help anyone at any time. I hope all goes well for him. We will see. I just cant imagine him even thinking about doing what they say he did let alone doing it. I'm not sure if his daughter and son are down there this week or not. If anything develops, I will share.
Aggitha
Aggitha
Aquattorney
New
I'm his attorney if anyone needs anything. Timothy Bradl, Esq., Denner Pellegrino LLP, Boston, 617 227 2800. Thanks.
