Rob Murphy's Day in Court

[MXGratefulDiver]

$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.

.. in my state, that is true. I once witnessed a boat about the size of his literally run over a dive buoy and flag with an OW class positioned directly underneath. We had video and everything. When we contacted the Harbor Patrol, we were informed that unless an injury was involved, there was nothing they could do about it.

... Bob (Grateful Diver)

 

[DandyDon]

I guess I would have been arrested for throwing lead weights at the boat.

 

[DiveGal-Mlb]

I was in the court room. Doctor Nicosia was a smuge bastard staring down his nose at the other folks in the court room - which was PACKED!

He was charged with 5 violations of maritime navigational laws (rules of the road). Not standing watch, going too fast for conditions, going to fast to avoid a collision, and I forget the others. But no charges involved running over Rob or dive flag violations.

The witnesses from Dykoke, Rob, Lisa, Barry, and Mike, were exceptional on the witness stand. It was very emotional listening to them describe the events of the incident.

The state had a great witness in Mr. Alan Richard who is a maritime law expert. He sealed the deal and nailed the doc to the door!

The doctor's blood test was clean - no alcohol in his system. He was on cruise control for most part of the run back to the inlet, until Mike tried to put his boat between the divers and the doctor. That's when the doctor turned hard right and ran over Rob. Then he left. He said he didn't know he had run over anything (except maybe a turtle) until he looked back and saw Rob being pulled into the dive boat.

One the ride in, the doctor called his lawyer (who was waiting at the dock for him) and erased his waypoints and tracks from his GPS. BUT - the Coast Guard has a crime lab that can pull the data off the GPS, just like recovering a hard drive. It showed a solid straight line from the north east and then a circle around where Rob was hit and then a continuation of a straight line to the inlet. POS!

I, too, am appauled at the slap on the wrist that the doctor got.

Be aware that there are jerks with boats (which I'm sure you all know anyway) and always be ready to dump and dive!

Dive Safe! Dive Often!

 

[mike_s]

One the ride in, the doctor called his lawyer (who was waiting at the dock for him) and erased his waypoints and tracks from his GPS. BUT - the Coast Guard has a crime lab that can pull the data off the GPS, just like recovering a hard drive. It showed a solid straight line from the north east and then a circle around where Rob was hit and then a continuation of a straight line to the inlet. POS!

wow.. they should have amended the charges with evidence tampering / destroying evidence with him trying to erase his crime from his GPS on where his boat actually was.

 

[The Chairman]

Thanks for the insight. I wish that I was there.

 

[Hetland]

Consider that had this been the driver of a car, and the diver a bicyclist, that the result would be the same or less.

Civil court will be where the doctor will get bent over. I'm sure he has insurance, but I'd bet a jury would return a verdict that exceeds his limits.

 

[The Chairman]

I heard that he is an avid diver himself. Can anyone verify that?

 

[DiveGal-Mlb]

Yep, he's also a diver. His witnesses testified that they were with him while he was diving earlier in the week - on his OTHER 41 foot boat.

Ya know, this is just so sad all the way around. At least it's a moral victory for Rob and the others on the Dykoke.

 

[dumpsterDiver]

The guy got a $200 fine, no time; only some probation, and court costs of $900. Wonder if those were tears of joy he shed?

 

[DandyDon]

Hoping the civil trail goes well. A physician who becomes known for leaving the scene of an accident with injuries he caused should not bother updating a resume.

Now watch some university offer him a position in accident first aid.