Scuba assault investigation - Hawaii

[Dr. Lecter]

I know that in NY state those who harass hunters and chase game away can be arrested. If someone is pursuing a legal activity and others try to disrupt and prevent that activity they are in danger of being charged with harassment, and possibly even infractions of the fish and game regulations.

I do not know this particular situation well, or the HI fish and game laws at all, but if someone is engaging in a legal activity they are often entitled to certain protections under the law from people who would deliberately prevent that activity.

Having said that, if a hunter ran up to a protester and physically assaulted them in any way, they too would be breaking the law and subject to arrest. Approaching someone underwater who is not in your face and risking your life, and ripping that person's life support system out of their mouth certainly would seem to be risking an assault charge.

Harassment, however, requires that they be actively be trying to interfere with the hunting/fishing, independent of any interference caused by their legitimate First Amendment activity. The fact that you happen to be undertaking a recreational activity does not give you title to your own little patch of woods/ocean, even if the presence of another doing nothing more than taking images arguably affects the animals' behavior.

In addition to the Hawaii statute not covering saltwater activity of any kind, what I've seen in the video doesn't rise to that kind of harassment.

 

[kafkaland]

Harassment, however, requires that they be actively be trying to interfere with the hunting/fishing, independent of any interference caused by their legitimate First Amendment activity. The fact that you happen to be undertaking a recreational activity does not give you title to your own little patch of woods/ocean, even if the presence of another doing nothing more than taking images arguably affects the animals' behavior.

In addition to the Hawaii statute not covering saltwater activity of any kind, what I've seen in the video doesn't rise to that kind of harassment.

I'd like to second that. First amendment rights are very far reaching, even if there are incidental inconveniences, like fish being chased away.

Just consider two other situations, where the Supreme Court has held that very intrusive behavior is protected: very disrespectful protests of the Westboro Baptist "Chrurch" at the funerals of fallen service members that clearly disrupt those proceedings, and protests at abortion clinics that include taking the pictures of clients and workers and posting them on the web for public shaming, or worse.

In the Hawai'i case, I don't see anything the videographers have done that would be worse than what these folks do, unless there is more, like destroying fish collecting equipment or attaching a fake limpet mine to the boat which we don't know about. So all we have is the fish collector lashing out violently and illegally by pulling out the reg of someone who was likely obnoxious, but within her rights.

 

[Scared Silly]

The harassment has no basis in law as it pertains to freshwater fishing. See my post in the split thread: #16

Read the first comment about the last time the DA tried to "prosecute" for harassment:

http://westhawaiitoday.com/communit...kona-scuba-attack-incident-reaches-prosecutor

 

[harmonised]

How does taking video of someone taking fish constitute harassment? Is this just fluff from the "lets all be nice before you hurt my feelings" bunch?. If I'm doing that and someone then swims over and yanks my regulator out of my mouth - before I take the next breath, I'm going to stick a knife in them - period! Self defense and justified since at that time I don't know what else they are going to do, so an end needs to be put to it. Kind of like taking pictures of someone walking their dog, and they come up to you and slap a plastic bag over your head.

I would have to agree. I can't imagine, that the laws for using a video camera, are different in the ocean than on land, or are they? Regardless, when can taking someones regulator out of their mouth, without their knowledge, and without provocation while diving ever be justified? This seems like a serious crime to me.

 

[Bob DBF]

It would be interesting to see if the entire confrontation was on video, or just the response.




Bob

 

[knotical]

Lovell charged with misdemeanor for May scuba attack off Kona coast | West Hawaii Today

 

[vincent54]

He's a lunatic. Provoked or not, attacking a woman like he did shows a real anger management issue. I hope he has no wife, kids or pets to abuse and spends some time in therapy and jail. No excuse for his behavior.

 

[harmonised]

He's a lunatic. Provoked or not, attacking a woman like he did shows a real anger management issue. I hope he has no wife, kids or pets to abuse and spends some time in therapy and jail. No excuse for his behavior.

Regardless of what she was there for, he could have killed her. What if she was not able to recover from having her regulator taken out of her mouth?

 

[Water Boy76]

He's a lunatic. Provoked or not, attacking a woman like he did shows a real anger management issue. I hope he has no wife, kids or pets to abuse and spends some time in therapy and jail. No excuse for his behavior.

Well aren't you just the the judge, jury, and executioner.

---------- Post added August 1st, 2014 at 02:43 PM ----------

Regardless of what she was there for, he could have killed her. What if she was not able to recover from having her regulator taken out of her mouth?

Are you serious... If you can't put a regulator back in your mouth you have no business diving...

 

[gypsyjim]

Well aren't you just the the judge, jury, and executioner.

---------- Post added August 1st, 2014 at 02:43 PM ----------



Are you serious... If you can't put a regulator back in your mouth you have no business diving...

First you call one poster a self appointed judge and jury, and then turn to the second post and appoint yourself to that same position.

It's all just personal opinion, and none of us will sit on that jury.