Criminally negligent homicide?/Scuba Instructor Faces Charges (merged threads)

[JCAT]

Just saw this on the news from yesterday....

University of Alabama Scuba Death Indictment - from CBS42.com

A scuba instructor at the University of Alabama is indicted in the death of a student during a scuba diving class.

Student Zachary Moore died from an air embolism in a pool at the University of Alabama last year. A grand jury has indicted instructor Allison Gibson and charged her with "criminally negligent homicide."

Investigators say Moore came to the surface of the pool too fast before releasing some of the air in his lungs.

Captain Loyd Baker of the Tuscaloosa Metro Homicide Unit said, "This is a Class A misdemeanor, so the maximum time would be a year in jail so this is not at the same level as an intentional murder."

Moore is free on $5,000 bond. Since that accident, the university stopped offering scuba classes.
​

 

[PhilEllis]

Just saw this on the news from yesterday....

University of Alabama Scuba Death Indictment - from CBS42.com

A scuba instructor at the University of Alabama is indicted in the death of a student during a scuba diving class.

Student Zachary Moore died from an air embolism in a pool at the University of Alabama last year. A grand jury has indicted instructor Allison Gibson and charged her with "criminally negligent homicide."

Investigators say Moore came to the surface of the pool too fast before releasing some of the air in his lungs.

Captain Loyd Baker of the Tuscaloosa Metro Homicide Unit said, "This is a Class A misdemeanor, so the maximum time would be a year in jail so this is not at the same level as an intentional murder."

Moore is free on $5,000 bond. Since that accident, the university stopped offering scuba classes.
​

I don't know the facts of this case, beyond the rumors and speculation that was spreading here locally immediately after the incident. I can think of some ways that an instructor could be "criminal" and "negligent" during the course of an open water scuba class, but those ways would be extreme. My best guess is that this was one of those accidents that happen, with very limited and rare frequency, during the course of teaching people to scuba dive. I don't know how much supervision would be necessary to absolutely prevent such accidents, all of the time. Short of physically holding each student 100% of the time, I don't know what would completely stop this. Even then, that preventive action could possibly be considered "criminal" and "negligent".

This indictment in this case, absent some inaction or neglect that I am not aware of, should cause some level of increased angst in every scuba instructor and store owner. I don't know what the grand jury heard nor what they understood from what they heard. While I feel deeply for the easily identified victim in this case, I also feel for the less obvious potential victim.

UPDATE: From what I have been hearing, maybe this was an accident that could have been prevented. I certainly hope this is wrong. In any event, I will be watching this case closely. Still, a tragedy for all involved.

Phil Ellis

 

[Daner]

I came across this article today and thougth it would be interesting to share. Seems a little extreme to press charges in what appears to be an accident. Any comments?

Ex scuba teacher charged in student's death

By JAY REEVES





BIRMINGHAM, Ala. (AP) — A scuba instructor has been charged with criminally negligent homicide in a student’s death, accused of failing to properly supervise the man’s ascent from the bottom of a pool during a class, a prosecutor said Tuesday.

Though officials initially referred to the April 2007 death of Zachary Moore as an accident, the prosecutor said a grand jury decided there was sufficient evidence to charge instructor Allison Rainey Gibson after the student died during a class for beginners at the University of Alabama.

District Attorney Tommy Smith said the indictment returned Friday alleged that the 44-year-old Northport woman had failed to “directly supervise” Moore “during a dangerous, out-of-air emergency ascent” at a university pool in Tuscaloosa.

Moore, 21, of Fairhope, died from an air embolism, authorities had said previously.

An embolism typically is caused by the expansion of gases in the lungs when a diver rises to the surface without exhaling enough. Officials at the time said Moore ascended too quickly and didn’t exhale to release air from his lungs.

Gibson was free on a $5,000 bond after surrendering to authorities. She could face up to a year in jail if convicted of the misdemeanor charge. A defense attorney did not immediately return a message seeking comment.

No court date was set.

University spokeswoman Cathy Andreen said Gibson was a certified scuba instructor who had worked under a contract with the school. She said the scuba class has since been discontinued.

A student who was in another class taught by Gibson said the drill that led to Moore’s death involved jumping in the water with scuba gear, removing it at the bottom and slowly rising to the surface while exhaling regularly. Gibson often said “bubble” to remind students to exhale, said senior Alex Stallings.

“That was the main point that she always made,” Stallings told The Associated Press in a telephone interview. “I felt like she was a good teacher.”

 

[reefgazer]

MSDT is a PADI level, the instructor was not PADI. In the agency this instructor was certified the instructor can teach anything that is above the minimum. I know a shop that teaches this agency and was told they could add anything they wanted and write their own slates to follow as long as they do the minimum.

 

[jeter]

A student who was in another class taught by Gibson said the drill that led to Moore’s death involved jumping in the water with scuba gear, removing it at the bottom and slowly rising to the surface while exhaling regularly.

I do not think this is a safe drill. I do not understand why it was being done in an open water class. You should never breath compressed air then leave your scuba regulator at the bottom. This goes againt what a reasonably prudent scuba instructor would allow. I am afraid they may have a case.

Jay

 

[24940]

“I felt like she was a good teacher.”

I don't think there are many new OW divers who don't think their instructor was good. The reality is they have no reference from which to base that opinion.

I saw another article which stated there were 20 students doing this drill. To stay within standards, there needs to be direct supervision by an instructor.

It looks bad on several levels.

 

[Brian Sharpe]

I have only completed my confined water dives so take my comments for what they're worth.

During the classroom & confined water dives one point my instructor stressed repeatedly was that in a low air/out of air situation you always keep your regulator in your mouth (assuming an alternate air supply was not available), one reason being that the air in your tank becomes less dense as you ascend offering some additional breaths.

 

[24940]

Instructor can teach anything that is above the minimum.

Say you create a drill.... Let's say... dropping a 30 lb weight belt on the bottom of the pool, having students latch onto it and inflate their BCDs to max and then have them let go to see if they can dump enough air fast enough to prevent surfacing.

So, you have this drill and one day someone embolizes because they get task loaded and forget to keep an open airway. If you haven't received a sign off on this skill by your shop, you're hosed. If the shop signed off on the skill, but never got agency approval, you might be alright, but the shop is hosed.

You may be able to teach it and it might be above standards, but it doesn't free you from liability if it goes wrong.

 

[Captain Morgan]

A student who was in another class taught by Gibson said the drill that led to Moore’s death involved jumping in the water with scuba gear, removing it at the bottom and slowly rising to the surface while exhaling regularly. Gibson often said “bubble” to remind students to exhale, said senior Alex Stallings.

Since when is it taught that way? or maybe he meant remove the regulator from mouth? Well, If the instructor was actually "supervising", I think she would notice no air bubbles escaping the students mouth. I mean it might be an accident, but I do believe it's negligent.

 

[alewar]

I wouldn't blame the instructor for practicing EBA on a shallow swimming pool if they started by doing it without the tanks and the students were explained they must release the air. After all it's a basic skill.

Like diving from a platform, you explain the student he must jump "into" the water, if he jumps in the other direction and lands on the floor, well, you feel bad, but it's not really your fault.