Yes!!!!!!!
Rob Murphy's Day in Court
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mike_s
Contributor
Damn... all he got was a fine and probation. 
six-months of probation, and ordered him to pay a $200 fine and $900 for the cost of prosecution.
Boater found guilty in 2009 boating accident that cost diver his legs TCPalm.com
Boater found guilty in 2009 boating accident that cost diver his legs
* By Melissa E. Holsman
* TCPalm
* Posted August 18, 2010 at 1:50 p.m., updated August 18, 2010 at 1:50 p.m.
Robert Murphy broke down in tears late Wednesday morning after Martin County Judge Kathleen Roberts ruled a Martin County emergency room physician had violated navigational rules during a 2009 boating accident that cost the diver his legs.
Roberts, in front of a packed courthouse, found Roger Nicosia, 58, guilty of the second-degree misdemeanor.
After hearing from Murphy and his parents address the court, Roberts sentenced Nicosia to six-months of probation, and ordered him to pay a $200 fine and $900 for the cost of prosecution.
He had faced up to 60 days in the county jail and a $500 fine.
While exiting the courtroom, Murphy, who was struck by Nicosias boat propellers while diving Jan. 9 2009, said, truth and justice prevailed.
Following the verdict, Murphy exited the courtroom surrounded by family and friends, as he sobbed openly.
Nicosia meanwhile, after he was fingerprinted, was permitted to leave the courthouse from a back way to avoid a crowd of media personnel.
He showed no emotion as Roberts declared him guilty of the second-degree misdemeanor offense.
Nicosia was driving his 41-foot boat, the Master Plan, when it ran over Murphy as he and friends were diving about 4 ½ miles north of the St. Lucie Inlet.
When Murphy testified, he told Assistant State Attorney Adam Guzi that when he surfaced for what was his fifth dive that day, he didnt think much when he heard Nicosias boat at a distance, motoring toward him.
From about 100 feet away from their 36-foot boat the Dykoke, Murphy signaled to its owner, Jon Michael Newman, that he was alright.
That quickly changed.
As Murphy saw the Dykoke coming toward him, he also saw the Master Plan bearing down about 1,000 feet away, he said. He couldnt see anyone on the boat looking at him, so he decided he had to take evasive action to avoid being hit.
I had a 55-inch spear gun that I had gripped from the very bottom . . . and my other arm, waving like this, Murphy said, his arms above his head. But it was clear that . . . nobody acknowledged my signals.
He screamed, yelled and waved his arms. But the boat headed for him at about 25 knots, Murphy said. He saw the Dykoke turn to get between him and Nicosias boat.
I kicked as hard as I could . . . and covered about 20 feet, he said, which would have brought me out of the path of the Master Plan.
He kept kicking, but then the Master Plan made a correction to the right, Murphy said, which brought the boat basically right on top of me.
I saw the giant brass propellers coming straight at my head from less than five feet away and all I could do was just try to roll away and get away from it, recalled Murphy, and at that point the propeller hit my tank and my legs.
He screamed as he surfaced.
The water went completely red, he testified as a hushed courtroom listened. And the Dykoke was right there . . . and they had me on the boat in seconds.
Under cross examination by defense attorney Bob Watson, Murphy suggested Nicosia purposely targeted him.
I was right in front of them waving, Murphy said, he turned right at me,
Is it your perception, Watson asked, that he was trying to hit you?
When I got out of his way, Murphy replied, he came back at me, and that was the only conclusion I could draw.
Watson reminded Murphy that he initially told Florida Fish and Wildlife Conservation Commission investigators he believed he lost his legs in an accident.
That was before I heard the verbal statement by Dr. Nicosia, Murphy said. That he saw us and approached at a high rate of speed without ever slowing down . . . and my interpretation is that he wanted to get where he was going to get and he didnt care who was in his way.
Earlier, Newman recalled seeing Nicosias boat and when it appeared it would impact his divers, he said he moved the Dykoke to shield his divers.
But Newman watched Nicosia change course, placing the Master Plan nearly on top of Murphy.
We were yelling directly at the people when they were coming across our bow, Newman said.
When the state played the mayday call to the U.S. Coast Guard, the dramatic cries for help prompted strong reactions, and a visibly shaken Murphy sobbed from his wheelchair, positioned just feet away from Nicosia.
six-months of probation, and ordered him to pay a $200 fine and $900 for the cost of prosecution.
Boater found guilty in 2009 boating accident that cost diver his legs TCPalm.com
Boater found guilty in 2009 boating accident that cost diver his legs
* By Melissa E. Holsman
* TCPalm
* Posted August 18, 2010 at 1:50 p.m., updated August 18, 2010 at 1:50 p.m.
Robert Murphy broke down in tears late Wednesday morning after Martin County Judge Kathleen Roberts ruled a Martin County emergency room physician had violated navigational rules during a 2009 boating accident that cost the diver his legs.
Roberts, in front of a packed courthouse, found Roger Nicosia, 58, guilty of the second-degree misdemeanor.
After hearing from Murphy and his parents address the court, Roberts sentenced Nicosia to six-months of probation, and ordered him to pay a $200 fine and $900 for the cost of prosecution.
He had faced up to 60 days in the county jail and a $500 fine.
While exiting the courtroom, Murphy, who was struck by Nicosias boat propellers while diving Jan. 9 2009, said, truth and justice prevailed.
Following the verdict, Murphy exited the courtroom surrounded by family and friends, as he sobbed openly.
Nicosia meanwhile, after he was fingerprinted, was permitted to leave the courthouse from a back way to avoid a crowd of media personnel.
He showed no emotion as Roberts declared him guilty of the second-degree misdemeanor offense.
Nicosia was driving his 41-foot boat, the Master Plan, when it ran over Murphy as he and friends were diving about 4 ½ miles north of the St. Lucie Inlet.
When Murphy testified, he told Assistant State Attorney Adam Guzi that when he surfaced for what was his fifth dive that day, he didnt think much when he heard Nicosias boat at a distance, motoring toward him.
From about 100 feet away from their 36-foot boat the Dykoke, Murphy signaled to its owner, Jon Michael Newman, that he was alright.
That quickly changed.
As Murphy saw the Dykoke coming toward him, he also saw the Master Plan bearing down about 1,000 feet away, he said. He couldnt see anyone on the boat looking at him, so he decided he had to take evasive action to avoid being hit.
I had a 55-inch spear gun that I had gripped from the very bottom . . . and my other arm, waving like this, Murphy said, his arms above his head. But it was clear that . . . nobody acknowledged my signals.
He screamed, yelled and waved his arms. But the boat headed for him at about 25 knots, Murphy said. He saw the Dykoke turn to get between him and Nicosias boat.
I kicked as hard as I could . . . and covered about 20 feet, he said, which would have brought me out of the path of the Master Plan.
He kept kicking, but then the Master Plan made a correction to the right, Murphy said, which brought the boat basically right on top of me.
I saw the giant brass propellers coming straight at my head from less than five feet away and all I could do was just try to roll away and get away from it, recalled Murphy, and at that point the propeller hit my tank and my legs.
He screamed as he surfaced.
The water went completely red, he testified as a hushed courtroom listened. And the Dykoke was right there . . . and they had me on the boat in seconds.
Under cross examination by defense attorney Bob Watson, Murphy suggested Nicosia purposely targeted him.
I was right in front of them waving, Murphy said, he turned right at me,
Is it your perception, Watson asked, that he was trying to hit you?
When I got out of his way, Murphy replied, he came back at me, and that was the only conclusion I could draw.
Watson reminded Murphy that he initially told Florida Fish and Wildlife Conservation Commission investigators he believed he lost his legs in an accident.
That was before I heard the verbal statement by Dr. Nicosia, Murphy said. That he saw us and approached at a high rate of speed without ever slowing down . . . and my interpretation is that he wanted to get where he was going to get and he didnt care who was in his way.
Earlier, Newman recalled seeing Nicosias boat and when it appeared it would impact his divers, he said he moved the Dykoke to shield his divers.
But Newman watched Nicosia change course, placing the Master Plan nearly on top of Murphy.
We were yelling directly at the people when they were coming across our bow, Newman said.
When the state played the mayday call to the U.S. Coast Guard, the dramatic cries for help prompted strong reactions, and a visibly shaken Murphy sobbed from his wheelchair, positioned just feet away from Nicosia.
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Paltry punishment for paltry charges that should have been attempted manslaughter. At leas the guilty will help the injured diver in his civil suit.
DennisS
Contributor
$200 fine sends the wrong message to people with $100,00 boats who choose to ignore the dive flag.
If the fine is $200 when you ignore the flag and chop someone's legs off, it sends the message that, ignoring the flag without injury is a non-event.
If the fine is $200 when you ignore the flag and chop someone's legs off, it sends the message that, ignoring the flag without injury is a non-event.
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DiverDean59
Contributor
Does anyone think that because he is a doctor and can afford a high priced lawyer, a big boat and has status in the community that the small sentence could be explained?
Bring on the civil suit.
Arkman
Contributor
In my head I don't actually believe this story happened...I just can't imagine there is a person that would run someone over and then drive away. Obviously this is a real story. Sad there are people out there like that. Fine, he could argue that there wasn't good flags present, but there is no way he could have hit a person and not noticed...then drive away. I guess maybe his boat is so big that he didn't notice. or hes a dcik<--oh look, a fun word game.
Shasta_man
Contributor
If the doc was crying over a paltry 60 days and $500 chump change fine, then it's obvious that he's only concerned about one thing. He was found guilty but no justice was served here.
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