Wes Boyd's report of harassment by jetski is - no pun intended - a chilling account. These people were not just playing a prank. Given the length of time they harassed the kayakers it seems that they *intended* to do harm. Perhaps it was their way of trying to drive kayakers from "their" waters. Perhaps they are just so selfish and so stupid they didn't realize the danger they were creating - but that's really hard for me to believe. I do hope that Wes and others start a civil suit for reckless endangerment, and the sooner the better. Not suing just potentiates and encourages this sort of behavior. These jetskiers will do this again. Other jetskiers may or may not behave in this same way, but the publicity surrounding even an attempted suit may discourage some of this life-endangering behavior. Bill Hansen - Ithaca NY *************************************************************************** PaddleWise Paddling Mailing List - Any opinions or suggestions expressed here are solely those of the writer(s). You must assume the entire responsibility for reliance upon them. All postings copyright the author. Submissions: PaddleWise_at_PaddleWise.net Subscriptions: PaddleWise-request_at_PaddleWise.net Website: http://www.paddlewise.net/ ***************************************************************************
I emailed Wes off-list to express my thoughts about why and how criminal and civil actions are justified in this case. I also respect his hesitancy to further discuss any legal ramifications/circumstance or potential evidentiary information in this matter. As users of public conveyance (lakes, rivers, roads) we share a similar position to the countless number of bicyclists and runners who are routinely harassed and endangered by motorists who deliberately swerve or otherwise threaten through ways they maneuver their vehicles. A case in my state ended with a driver sentenced to prison on vehicular manslaughter when he twice attempted to run a cyclist off road along a rural route, the second pass ending with the cyclist crashing into a ditch and breaking his neck. The motorist left the scene of the accident without ascertaining the extent of the cyclist's injuries. Much the same way that this PWC operator caused boats to dump and then left without offering aid or assistance. Rules of the Water reveal just how irresponsible and illegal this is. You may argue that Wes was not dressed for immersion, and so therefore is partially culpable for his 'life threatening' experience. And in a civil case, any damages might well be calculated using a percentage of this 'fault'. But criminal proceedings do not mitigate the guilt of the offender when the victim of the assault is in compliance with the law, or even if they are potentially citable for a misdemeanor offense. Had the cyclist in question NOT been wearing a helmet, it may have indeed contributed to his death. But barring a helmet law, there is no legal responsibility leveled against the cyclist. The driver however was in violation of any number of traffic laws and criminal statutes. You can't assault/batter someone and then claim immunity because they: 1) weren't wearing body armor, or a wet/dry suit; 2) couldn't duck a punch; 3) didn't get out of your way quickly enough. I hope Wes's perp loses his PWC and does time. -Will Jennings *************************************************************************** PaddleWise Paddling Mailing List - Any opinions or suggestions expressed here are solely those of the writer(s). You must assume the entire responsibility for reliance upon them. All postings copyright the author. Submissions: PaddleWise_at_PaddleWise.net Subscriptions: PaddleWise-request_at_PaddleWise.net Website: http://www.paddlewise.net/ ***************************************************************************
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