Diver assaults another diver underwater

[Tigerman]

I quite honestly don't see the reason why we even speculate in wether or not she was harassing the collectors/fishermen as its utterly irrelevant in the first place...
"He pissed me off, so I stabbed him" really is not a good defense...

If she was threatening his well being (which is beyond harassment), he'd be within his right to defend himself, but you're not (legaly, god knows wev've all wanted to) within your rights to use potentially harmful force just because someone piss you off...

 

[nimoh]

it seems the disagreement is about two points, that I will paraphrase. One is saying the photographer is being charged, and the other interprets the article as authorities have plans to charge the photographer. Is the difference really that important?

If the photographer did harass the fisherman, she should be charged. I didn't see anything in the video that constitutes harassment, but I may have a different idea of what harassment is. From what I saw in the video, the fisherman did assault the photographer, but again, I may have a different idea of what assault is. Regardless of this, the time at the start of the video where there is no interaction between the two means (to me at least) that the two altercations are mutually exclusive, and as such one doesn't excuse the other.

 

[Shasta_man]

As the father of twins, I can see it now, when the aggrieved "fisherman" got back to the boat, he told his Mom, "She was looking at me and she wouldn't stop!". They only narrowly avoided a fatal "She's touching me!" episode. Luckily, no whippuns happened.

Before somebody takes off with this "fact" about this "harassment" I clearly mark it as only humorous speculation...

 

[grey2112]

If someone came at me like that and tried to tear my regulator out of my mouth while I was legally spearfishing (because they think it is wrong, even though it is legal) they would have gotten either a shaft or a powerhead to their body. Some of you need to seriously re-align your thinking with regards to certain activities, politics, and general civil niceties.

Are you serious? Go to jail for taking someones regulator out. You people need to chill. It's not a big deal you just put it back in. In fact, you have two to choose from.
Settle down SCUBA police.

The guy was trying to make a living and was being harassed by the damn enviro-nazi's. This radical approach similar to the Sea Shepherd is not OK. They are out to make headlines to further their agenda and all the sheep fall for it. I guarantee you there is more to the story but you will never hear it. Poor me I was attacked (after provoking) Ban this, ban that.
What do you want the guy to do for a living if they ban his job. Go on welfare?

---------- Post added May 15th, 2014 at 07:01 PM ----------

Not who you're thinking. We don't see eye to eye, but I wouldn't expect this kind of asshattery from him. Now, those special snowflakes we saw tied up to the Mahi that one day...yeah, I could see it no problem. Wonder if I can lay my hands on an HK P11 somewhere.

DUDE - I thought I was one of the very few who knew about the P11 - what a wicked idea - leave it HK - wish I still had one (damn government - always taking back my toys )

 

[Pullmyfinger]

If someone came at me like that and tried to tear my regulator out of my mouth while I was legally spearfishing (because they think it is wrong, even though it is legal) they would have gotten either a shaft or a powerhead to their body. Some of you need to seriously re-align your thinking with regards to certain activities, politics, and general civil niceties.


QUOTE]

One of the most accurate observations I have read in awhile.

 

[prophet98g]

I just watched a version of this available on the Sea Shepherds website. (seashepherds.org) The video starts with footage from the "wide angle" diver, not the one who had her reg ripped out. If this whole incident was so dangerous and unprovoked why did this diver just keep calmly filming? Wouldn't you expect him/her to rush to help "save" their buddy?

 

[MMM]

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[1bubbleoff]

The video clearly shows one diver dart toward another. Rene Umberger was holding the camera about 50 feet underwater. The suspect then rips her regulator out of her mouth taking away her ability to breathe.
"The reaction of the diver was completely out of the question outrageous," said Tina Owens, LOST FISH Coalition Executive Director.
That's been the reaction by most. But 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.
The State didn't comment.

From the local Hawaii paper...

Ya know...."Harrassment"...covers a wide range of behaviours of an offensive nature. It is commonly understood as behaviour intended to disturb or upset, and it is characteristically repetitive. In the legal sense, it is intentional behaviour which is found threatening or disturbing.

I smell something fishie.....cough cough

 

[mc6809e]

Let's not down play also that this is Hawaii, and in Hawaii there is a long history of natives showing hostility to out-siders/tourists, they even have an name for them I think its Haoles. Go surf a local surf hangout and watch out for the elbows to the face and a pretty open hostility toward you.

The Southern Poverty Law Center has covered this a few times.

http://www.splcenter.org/get-inform...se-all-issues/2009/fall/prejudice-in-paradise

---------- Post added May 17th, 2014 at 12:25 AM ----------

It seems one should anticipate a physical assault whenever another diver approaches, especially in certain situations. Divers from from another boat that was on a site before you got there might, in the savage feral mentality of some people, be justified in ripping your equipment off your body to signal their displeasure. It's only a misdemeanor, even, I assume, if this were to happen while doing a deep wreck penetration.

I understand your point.

Diving is dangerous enough without having strangers pulling out the regulators of other divers.

It seems to me this deserves severe punishment. We shouldn't have to prepare for a dive in the same way we prepare to walk down a dark ally at night in the bad part of town.

---------- Post added May 17th, 2014 at 12:31 AM ----------

If someone did that to me while I was filming at 50 fsw, I'd be the one charged with attempted murder (unless my lawyer can get the jury to believe it was self-defense)

LOL.

I wonder if "stand your ground" laws apply if you're underwater.

 

[1bubbleoff]

I THINK.....and lest I anger the thought gawds...and this is only MY OPINION.....

After watching the ENTIRE video available....I can't help but think...the entire episode was premeditated..staged...scripted...by the parties filming. They show video PRIOR to the dive...where they pretty much targeted..the divers boat. They went STRAIGHT for it...had a plan in place to splash one diver while others FILMED the encounter. The topside videographer never even WAVERED...when his "buddy"...was "assaulted". That camera stayed right on the perpetrator from the git go.
Call me cynical...pessimistic...caustic...or just a realist. I beleive that entire group went looking for trouble. I think they KNEW there would be an altercation based on prior history and counted on it in order to film the results, post it in a public forum, and than cry "wolf".
I am not a spearer...I'm not a collector...I'm just a diver. But I also believe that NO ONE has the right to enforce their belief system on me against my will.
For all I know.....that individual has EVERY right to be where he was, doing what he was doing...maybe even with a proper PERMIT if that was needed.
Sorry Marge...or Sea Shepard..or PETA...or someone with 10k dives against the consumption of gummy bears...whatever your cause may be. Until a set of facts emerge to convince me differently...I think you got exactly...WHAT YOU PLANNED FOR. IMO your lucky you didn't get yourself into serious trouble.
If that guy was me trying to feed his kids...you or do his job... I'd consider your actions a THREAT...and respond accordingly. And except the consequences of my actions. But hey....what do I know...it's just MY opinion.