Diver assaults another diver underwater

[skwirl]

Nice piece of fiction, there. Do you have anything at all - except your own vivid imagination - suggesting that a similar scenario took place in the real world?

We do know the diver who was assaulted is being charged for "harassing a fisherman." Since I don't see the harassment in the video, I have to assume it's based on something we aren't seeing and haven't been told about. What that is can only be speculated on, but we can safely say at a minimum that there is more to the story than the video shows, and we can probably infer from the charge that the attack was provoked to some measure. Not justified, but provoked.

 

[Water Boy76]

We do know the diver who was assaulted is being charged for "harassing a fisherman." Since I don't see the harassment in the video, I have to assume it's based on something we aren't seeing and haven't been told about. What that is can only be speculated on, but we can safely say at a minimum that there is more to the story than the video shows, and we can probably infer from the charge that the attack was provoked to some measure. Not justified, but provoked.

Winner, winner chicken dinner. That's what I've been trying to say since page 5.
Thank You.

 

[Dr. Lecter]

Prosecuting Attorney Mitch Roth said . . . [a]ssault, under state law, requires someone to physically injure another person.

I hope someone who made it past 1L didn't say that, but I suppose it's possible.

---------- Post added May 14th, 2014 at 12:34 PM ----------

We do know the diver who was assaulted is being charged for "harassing a fisherman." Since I don't see the harassment in the video, I have to assume it's based on something we aren't seeing and haven't been told about.

I've read DLNR was investigating a claim the diver was "harassing a fisherman," but haven't seen anything saying a charge was being made. Perhaps you have a link to something supporting your assertion?

As for what the claim/charge is based on, I think it's safe to say it's the self-serving assertions of the two divers in the water who weren't filming. The video doesn't show everything, to be sure, but what it DOES show is several people quite a ways away from two morons who can't stay off the coral, followed after a while by one of the two morons hand-swimming over to yank a reg and then hand-swimming back to wallow about on the bottom some more. "Harassing a fisherman" is looking pretty unlikely when the only evidence other than yokle-said/eco-nut said shows what the video shows.

 

[kwinter]

It is assault, plain and simple. Since there was contact made, it is battery as well. Attempted murder might be a stretch.

Whether it was provoked or not, it is clearly a violation and the person would undoubtedly be found guilty. Provocation doesn't excuse the action. But it might mitigate the penalty. And the harassment charges against the person attacked could be a defensive move or it could have legs. We have only seen a brief piece of the video. You can bet the court will see the whole thing.

 

[Trace Malinowski]

Nice piece of fiction, there. Do you have anything at all - except your own vivid imagination - suggesting that a similar scenario took place in the real world?

I have absolutely no respect for Sea Sheperd and consider it an organization full of lying bastards - I saw the leader, whatshisname on TV claiming that a coast guard ship had rammed them, while the video clearly showed their boat doing a ninety degree turn immediately in front of said coast guard ship to cross its path - but srsly! You're making up a story here to excuse someone who - according to every scrap of information available should be charged with assault


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Charge is reckless endangerment. I think the video is bull****. But, I'd keep an open mind in the jury box like I said. If the camera were neutral like a security camera in a parking lot that would be one thing. Considering that the assault happened so rapidly without any provocation during the few moments the victim was being filmed and holding the camera. IMHO we are missing something.

 

[crispix]

If I dive at Children's Pool, there's a reasonable chance I'll be recorded on video by an activist, they'll take down my license plate, and not be particularly friendly. It's annoying but I understand their point of view, even if I disagree. They're allowed to act like that, just like I'm allowed to dive there.

Resorting to violence is still criminal.

 

[skwirl]

I've read DLNR was investigating a claim the diver was "harassing a fisherman," but haven't seen anything saying a charge was being made. Perhaps you have a link to something supporting your assertion?

As for what the claim/charge is based on, I think it's safe to say it's the self-serving assertions of the two divers in the water who weren't filming. The video doesn't show everything, to be sure, but what it DOES show is several people quite a ways away from two morons who can't stay off the coral, followed after a while by one of the two morons hand-swimming over to yank a reg and then hand-swimming back to wallow about on the bottom some more. "Harassing a fisherman" is looking pretty unlikely when the only evidence other than yokle-said/eco-nut said shows what the video shows.

Fish collecting ban advocate attacked while filming reef | West Hawaii Today

DOCARE had cited a fish collector for reckless endangerment and intended to cite Umberger for harassing a fisherman.

Conflict between environmentalists and reef fisherman runs deep - KPTV - FOX 12

Umberger says the State investigator told her they plan to file charges against her for harassing a fisherman, even though she says she never got close to him or touched his equipment.

I agree completely with your statement '"Harassing a fisherman" is looking pretty unlikely when the only evidence other than yokle-said/eco-nut said shows what the video shows' - IF that is the only evidence. But that isn't necessarily the only evidence and given the charge I find it hard to believe that there's nothing more. I apologize for speculating, but to make the point, I have to: there could be additional video that wasn't released by Umberger that the police have seen, Umberger or one of her buddies could have unintentionally incriminated her, Umberger and her buddies may have made inconsistent statements to the police while the 'fishermen' were consistent - I'm sure you can imagine other scenarios. It seems very unlikely to me that the state would consider videotaping from a distance to be harassment, and it also seems unlikely (although possible) that the assailant would randomly attack Umberger unprovoked, and Umberger and her buddies would have simultaneously happened to start filming at just the right time to catch it.

Look, this isn't justification or an excuse for the assailant. But to the dive community, the full context is relevant. When I dive, if I come across a fish collector, should I be worried about randomly being assaulted, especially if I take a picture? Or am I fine as long as I don't go out of my way to antagonize them? It's the same if an assault occurred in your neighborhood. If the attack was at random, you would be concerned. If the attack was due to the victim getting up in the assailant's face and aggressively insulting them, I think you'd be a lot less concerned.

 

[Mike]

I think it's way too strange that a guy musters all of that immediate aggression to just swim up to a diver for apparently no reason and rip the reg from her mouth.

And that is the other side of the story we may never hear.

As much as some people like the Sea Sheppard types and such, the sad thing is, they've created a whole new doubt to reasonable people to how wrongs are really portrayed. We've gotten to the point due to seeing how the Sea Sheppard types operate that we now have to wonder when we see an incident like the one we saw whether there was some Sea Sheppard type provocations that were conveniently done before the cameras start rolling. That's pretty sad, but that's the side effect of what these 'activists' have created with their sensationalism.

 

[eelnoraa]

what is "sea sheppard"? really!! I heard this term first time in this thread

 

[MXGratefulDiver]

what is "sea sheppard"? really!! I heard this term first time in this thread

Depending on your political views, they're either a conservation society or a terrorist organization. Apparently the woman who got assaulted in this case was a member ...

Sea Shepherd Diver Attacked While Documenting Aquarium Trade Wildlife Trafficking - Sea Shepherd Conservation Society

... Bob (Grateful Diver)