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From: Richard Kemmer <rkemmer_at_home.com>
subject: [Paddlewise] PFD Conviction
Date: Thu, 12 Oct 2000 15:50:10 -0500
Something's missing here.  What was the motive?  No one would do something so
heinous without a reason, either misguided or malicious.  The story itself
represents less than competent reporting.


Rick





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From: Dan McCarty/Raleigh/IBM <dmccarty_at_us.ibm.com>
subject: Re: [Paddlewise] PFD Conviction
Date: Thu, 12 Oct 2000 17:39:09 -0400
|Something's missing here.  What was the motive?  No one would do something
so
|heinous without a reason, either misguided or malicious.  The story itself
|represents less than competent reporting.

The little girl and a sibling went swimming from a boat.  A "current" took
them away from the boat.  The step father went after one child and the
"friend" went after the little girl.  He swallowed some water and was a
afraid he was going to drown.  He somehow found time while he was
"drowning" to take off the little girls PFD so he could use it to save
himself.

Motive?  The man wanted the little girls PFD so he would not drown.  He
took it from her when he got a little water in his mouth after he tried to
"rescue" the little girl.  He lived and she drowned.  She would very likely
have survived if he had left her alone much less taking off her PFD.

He should have been put in prison for life, if not worse, instead he was
convicted on a manslaughter charge.  That is a crime in itself.

I hate to bring you bad tidings, but the world is FULL of misguided and
malicious acts.  They happen every second, of every minute, of every hour,
of every day.  They just don't make the news that often and when these
events do make the news the full impact is not appreciated.

Later....
Dan McCarty



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From: John and Donna Looze <looze_at_gemstate.net>
subject: Re: [Paddlewise] PFD Conviction
Date: Thu, 12 Oct 2000 18:36:27 -0600
Grill dies when PFD removed.


Is it not just as likely that the person attempting the rescue thought, by
putting on the PFD, he could save the girl and himself?  The girl could not
save both of them, could she?  Had he intended to let her die, it would have
been murder.  Manslaughter is criminal negligence.  Still a homicide, but
far from murder.


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From: Sailboat Restorations, Inc. <sailboatrestorations_at_worldnet.att.net>
subject: Re: [Paddlewise] PFD Conviction
Date: Thu, 12 Oct 2000 23:22:51 -0400
> Is it not just as likely that the person attempting the rescue thought, by
> putting on the PFD, he could save the girl and himself?  The girl could
not
> save both of them, could she?  Had he intended to let her die, it would
have
> been murder.  Manslaughter is criminal negligence.  Still a homicide, but
> far from murder.

Well, if you ask me, and I've worked on quite a few murder cases, it would
be a pretty good example of criminal negligence to remove a child's PFD and
then somehow allow the child to drown.  Regardless of the rationale.  And
BTW, manslaughter is not necessarily always criminal negligence.  It can be
"with intent to cause harm, causing death," or, in some jurisdictions, "with
reckless disregard, causing death."  There are often degrees of
manslaughter.  The exact definitions of these terms vary from state to
state.  Of course, you hate to see a man go to prison for something like
this, where no doubt the whole thing started with good intentions.  If I was
the DA, I'm not sure whether I would prosecute or not.  But it sure is, from
what I understand, a classic example of someone causing the death of another
through, at the very least, a serious error in judgment.  Very sad, really.
One life lost, others destroyed.  No good comes of it.
Mark



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From: Harry M Spitz <harryspitz_at_juno.com>
subject: Re: [Paddlewise] PFD Conviction
Date: Thu, 12 Oct 2000 22:09:22 -0400
On Thu, 12 Oct 2000 18:36:27 -0600 "John and Donna Looze"
<looze_at_gemstate.net> writes:
> Grill dies when PFD removed.
> 
 Why make such a big fuss about a barbecue? 

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From: Dan McCarty/Raleigh/IBM <dmccarty_at_us.ibm.com>
subject: Re: [Paddlewise] PFD Conviction
Date: Fri, 13 Oct 2000 10:06:51 -0400
| And, is there a connection to water sports or kayaking (no response
necessary). Thanks, Richard

Sorry Richard but you get a response!  8-)

There most certainly is a connection to kayaking.  Just last week we were
having the discussion of saving drowning victims.  Some of the posters were
verbably beaten up  for stating common emergency service rules such as "do
no harm" and "dont become another victim" while trying to save a drowning
person.

This man who killed the girl, violated both those rules.  I've been
following the story when it first hit the news wires.  One fo the items
that came out in the trial, that I have not seen in the latest new reports,
is that the little girl yelled at the man to stop taking off her PFD
because she would die.  Well he took the PFD and so died.

I would like to know if he had been drinking but I have not seen anything
on that subject.

The little girls death shows what a panic stricken person will do.

Later....
Dan McCarty


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From: John and Donna Looze <looze_at_gemstate.net>
subject: Re: [Paddlewise] PFD Conviction
Date: Fri, 13 Oct 2000 10:13:16 -0600
Mark;
    I agree with all you say.  My point was only that it may not be as
heinous a crime as what some people might think when they read: "Girl drowns
when man takes her life jacket."  As also pointed out, by another writer, it
could make a difference in our thinking when we need to decide if, and how
we will attempt a rescue.  No easy answer, and having your lawyer there to
advise won't help. It is 12 jurors, months later that will decide if your
actions were appropriate.
                                                  John a/k/a Ancient Mariner

PS. Obviously, my last reference to "Grill"  was not well done.

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