The response from Sotis via an attorney prior to the suit being filed.
David Concannon This is one of the two email statements I sent to CBC two hours before they published a story saying I did not respond to their email seeking comment. The reporter thanked me for my "swift response." Here is the text:
Although I have not been formally retained to defend this case (as far as we know, the complaint has not been filed and it has not been served, so the allegations could change), I have been asked to respond on Mr. Sotis’ behalf today. You may use the following quote with attribution:
This is an unfortunate incident involving the loss of Rob Stewart and Peter and Claudia Sotis are also grieving his loss. They have fully cooperated in the United States Coast Guard’s investigation and they are hoping an inspection of his diving equipment by the United States Navy will answer many of the unanswered questions regarding what happened to Mr. Stewart. For now, however, it is important to remember that there are two sides to every story and the truth is somewhere in the middle. Allegations in a lawsuit are not always truthful or accurate, and the litigation process tends to reveal facts that are not always represented when a complaint is filed. For example:
‹ The family alleges that Peter Sotis, Claudia Sotis and Add Helium were involved in the charter of the dive vessel Pisces from Horizon Divers. In fact, they had nothing to do with the charter. The vessel was chartered by Rob Stewart, Brock Cahill and their production company directly from Horizon Divers in early December 2016, and their plan was always to dive three dives each day. In fact, Horizon Divers moved the vessel further north to cut transit time to the wreck each day to allow the filmmakers to make three dives per day. Peter and Claudia Sotis were invited to participate in the charter by the filmmakers. As a commercial filming operation, the filmmakers and the dive boat owner both had legal duties to ensure the safety of everyone on board the vessel.
‹ The family alleges that Peter Sotis has a criminal record from a case dating back to 1991. This is true, but Mr. Stewart’s partner, Brock Cahill also has a criminal record from two cases in North Carolina in 1996 and 1997? Is this relevant? A jury will ultimately determine this, but it doesn’t seem to answer the question of what happened to Mr. Stewart on January 31, 2017.
‹ The family alleges that Horizon Divers, Peter Sotis, Claudia Sotis and Add Helium sent Mr. Stewart back down to the wreck with Mr. Sotis to retrieve the anchor. In fact, Peter Sotis, Claudia Sotis and Add Helium did not send Rob Stewart anywhere. The dive boat crew did not have the proper equipment to retrieve the anchor so Peter Sotis, a guest, volunteered to perform this crewman’s task for the dive boat. Mr. Stewart volunteered to accompany Mr. Sotis and he was told twice that this was not necessary, but Mr. Stewart insisted.
‹ On the final dive, the divers were performing a job for Horizon Divers, and Horizon Divers had a duty to ensure the safety of both divers while they were performing a task on behalf of the dive boat. Mr. Stewart also had a duty to ensure his own safety. The family alleges that Peter Sotis and Claudia Sotis had a duty to ensure Rob Stewart’s safety after the dive was completed but, if this was true, how could they do so when Mr. Sotis was incapacitated, his wife was attending to his needs, and the boat still had a captain, a mate and Mr. Stewart’s partner Brock Cahill to ensure Mr. Stewart’s safety?
‹ The family already knows, but its lawyers did not allege, that media reports about Mr. Stewart’s body being recovered by divers from the Key Largo Volunteer Fire Department are incorrect. In fact, Mr. Stewart’s body was recovered by the owner of Horizon Divers, the lawyer for Horizon Divers, and another employee of Horizon Divers. Brock Cahill and an unlicensed investigator that works for the attorney were on the Pisces, which was used to perform the recovery, while the divers were underwater. Why was it falsely reported that these individuals worked for the local fire department? Why did the owner of one of the key defendants, his employee and his lawyer recover the body? Has the family blessed this activity, which violates Florida law, as proper and, if so, why?
As I said, there are many unanswered questions involving the death of Mr. Stewart. Peter and Claudia Sotis look forward to a full airing of all the facts, and a thorough investigation to determine the truth.
seems more appropriate to me.
