Based on the earlier reports, we'd been told the following:
1. The diver ran out of air and surfaced too fast (which, by the way could have caused an emolism or DCS, which could have contributed to his sinking after surfacing) - solely diver responsibility, nothing to do with the dive op.
2. The diver removed his BC but not his weight belt while still in the water - solely diver responsibility.
3. The diver became entangled in kelp - solely diver responsibility.
4. The diver was overweighted - solely diver responsibility.
Based on JUST THAT INFORMATION, there was no reason whatsoever to blame the dive op...and any earlier incidents and/or violations were completely irrelevant, since the diver was solely responsible for what happened. That's what troubled me - people with no knowledge other than what had been reported, jumping to unfounded, unwarranted conclusions and publicly spouting off about it, which could result in the destruction of someone's business for no good reason.
Now, you [Pro Diver] have provided further details (albeit uncomfirmed - right now you are nothing but an anonymous commenter on a website). IF your details about the way this incident unfolded are in fact true, then that puts a different spin on things...but only to a point.
If the diver was wearing improper gear (3-mil wetsuit) and was overweighted, I'm sorry but that was NOT the op's fault. Every diver, when diving in new conditions with different gear, should do a bouyancy check at the surface. This is the diver's responsibility, not the dive op's. The diver should have realized immediately that he was overweighted, and shed weight before he dropped.
If the diver came to the boat to get assistance boarding, I'm sorry but it is the diver's responsibility to know that you don't shed your BOUYANCY device before your weights! If a diver has never done that type of boat entry before, then he should have done some research about how to do it first, and not expected the dive operator to tell him what to do. He should have known. And besides, it's kinda just common sense that you don't take off the thing that's keeping you afloat, before you take off the thing that's going to make you sink.
Please understand that I am not saying the dive op has no responsibility here. If what you are saying is true, then he was breaking all kinds of rules just by not having a DM onboard. That's negligent - and if true, he'll go down just for that (as well he should). Also, while divers are expected to know basic safety practices (e.g. removing weights before BC), the op should be providing appropriate guidance to divers in the water - and that should include instructing them to remove their weights first. I've done many of these kinds of small-boat entries (pangas in Mexico, zodiacs in Tahiti, etc.) and the DM ALWAYS told us forcefully to remove our weights first - not that we needed to be told, but people can do boneheaded things, so it was a precaution. If the dive op actually took his BC from him without telling him to shed his weights first, that was negligent.
But this is all assuming all that you have said is true...which at this point is pure speculation, since there's no official report that matches your description. For now, all we have are the official reports, which still point to solely the diver's responsibility.
If this dive op acted negligently, I hope they are investigated and prosecuted. But I'd just like to see justice unfold properly, and not see a business get destroyed through speculation, rumor, anonymous internet postings, and unfounded innuendo.
If anything good can come out of this, it's a reminder to ALL divers to KNOW YOUR SKILL, and dive within it...and to follow all proper safety practices, because a single boneheaded move can quickly prove fatal.
