Subfiend
Contributor
- Messages
- 142
- Reaction score
- 446
- # of dives
- I just don't log dives
This was a statement released by the family in 2021.
Our family has been informed that the United States Attorney for the District of Montana has declined to prosecute Debra Snow for causing the death of our daughter, Linnea Mills, while Snow was teaching Linnea to scuba dive on November 1, 2020. (See attached Declination Letter dated June 10, 2021.) Although Assistant U.S. Attorney Karla Painter informed the National Park Service, Investigative Services Branch (which had recommended prosecution) that “Snow was negligent—and perhaps grossly so—in several respects” and “likely at fault to some extent for Mills’ death,” AUSA Painter opined “we cannot prove beyond a reasonable doubt that she was criminally culpable” to prove a charge of Criminal Endangerment in violation of Mont. Code Ann. § 45-5-207.
Frankly, we find this baffling.
First, in making this determination and declining to prosecute, AUSA Painter relied on the word of Debbie Snow that she did not “knowingly engage in conduct that created a substantial risk of death or serious bodily injury” to our daughter when Snow violated professional training standards by taking Linnea into 472-foot deep Lake McDonald in scuba gear she was not trained to use, that lacked at least one component essential for its safe use (an inflator hose that could be connected to her dry suit), with an inadequate buoyancy control device, and weighted down with 44 pounds of lead that could not be released in the event of an emergency.
Second, AUSA Painter relied on the faulty determination of the Medical Examiner’s office, which itself was based on misleading information provided by Snow, inexperience, a lack of understanding of the evidence, and an incomplete review of the evidence.
This is a case where the facts are clear and the evidence is unequivocal, if you bother to look at them and you understand what they mean.
Furthermore, even if the U.S. Attorney’s Office is correct, why not charge Snow (and others) with Negligent Homicide under Mont. Code Ann. § 45-5-104 or Negligent Endangerment under Mont. Code Ann. § 45-5-208? Both of these charges require only a showing of negligent conduct “that creates a substantial risk of death or serious bodily injury to another,” and not the showing of intent. In response to these questions, we have received only silence.
We have grieved the loss of our daughter since the day she left this Earth. Now, we grieve the loss of fairness, justice, and competence in the public officials who are charged with keeping us safe. This is not only a loss for Linnea and our family, but also for the citizens of the State of Montana.
We respectfully ask U.S. Attorney Leif M. Johnson and his office to take a more careful look at all the evidence, with the objective advice and assistance of medical and diving professionals who understand what it means, and to consider bringing charges against any and all culpable parties under any and all applicable criminal statutes. As it stands now, Debra Snow will not be charged with so much as a parking violation for causing the death of our daughter. This is not justice.
Statement by the Family of Linnea Mills
June 18, 2021
June 18, 2021
Our family has been informed that the United States Attorney for the District of Montana has declined to prosecute Debra Snow for causing the death of our daughter, Linnea Mills, while Snow was teaching Linnea to scuba dive on November 1, 2020. (See attached Declination Letter dated June 10, 2021.) Although Assistant U.S. Attorney Karla Painter informed the National Park Service, Investigative Services Branch (which had recommended prosecution) that “Snow was negligent—and perhaps grossly so—in several respects” and “likely at fault to some extent for Mills’ death,” AUSA Painter opined “we cannot prove beyond a reasonable doubt that she was criminally culpable” to prove a charge of Criminal Endangerment in violation of Mont. Code Ann. § 45-5-207.
Frankly, we find this baffling.
First, in making this determination and declining to prosecute, AUSA Painter relied on the word of Debbie Snow that she did not “knowingly engage in conduct that created a substantial risk of death or serious bodily injury” to our daughter when Snow violated professional training standards by taking Linnea into 472-foot deep Lake McDonald in scuba gear she was not trained to use, that lacked at least one component essential for its safe use (an inflator hose that could be connected to her dry suit), with an inadequate buoyancy control device, and weighted down with 44 pounds of lead that could not be released in the event of an emergency.
Second, AUSA Painter relied on the faulty determination of the Medical Examiner’s office, which itself was based on misleading information provided by Snow, inexperience, a lack of understanding of the evidence, and an incomplete review of the evidence.
This is a case where the facts are clear and the evidence is unequivocal, if you bother to look at them and you understand what they mean.
Furthermore, even if the U.S. Attorney’s Office is correct, why not charge Snow (and others) with Negligent Homicide under Mont. Code Ann. § 45-5-104 or Negligent Endangerment under Mont. Code Ann. § 45-5-208? Both of these charges require only a showing of negligent conduct “that creates a substantial risk of death or serious bodily injury to another,” and not the showing of intent. In response to these questions, we have received only silence.
We have grieved the loss of our daughter since the day she left this Earth. Now, we grieve the loss of fairness, justice, and competence in the public officials who are charged with keeping us safe. This is not only a loss for Linnea and our family, but also for the citizens of the State of Montana.
We respectfully ask U.S. Attorney Leif M. Johnson and his office to take a more careful look at all the evidence, with the objective advice and assistance of medical and diving professionals who understand what it means, and to consider bringing charges against any and all culpable parties under any and all applicable criminal statutes. As it stands now, Debra Snow will not be charged with so much as a parking violation for causing the death of our daughter. This is not justice.
