hey boatcop i have another question

[boatnam2]

i was thinking about this last night with all the talk about which boat is faster dcb or eliminator.if you were racing someone on the water and the other guy crashed,is it like the street were your also a fault if someone is hurt?or if someone is killed you can be charged with man slaughter?

[1stepcloser]

Yeah, thats a very good question...

[XTRM22]

I'm gonna take a guess at this one with the hope that BoatCop will correct me if needed. Unless you in some way besides racing cause the other accident, you are probably only subject to cival suit (ha I said only like getting your ass sued off is no big deal). Street Racing is seriously illegal, felony under certain circumstances. The commission of your crime indirectly causes a fatality you are still responsible for the fatality. Whether or not squaring off with our fellow boaters to race is illegal has always seemed to be the discretion of the enforcing body. Ok that's my best guess anybody else?
Chuck

[Boatcop]

It all depends on the conditions, and whether your actions could be considered "reckless", which in this case would be defined as willful disregard for life or limb.
The questions asked would be if your actions contributed to the death of the other person. If a passenger on YOUR boat were killed in this situation then, yes, you could be charged with negligent homicide. A person on the other boat, not likely. But as has been mentioned, you would be open to a civil lawsuit where the standard of proof is "preponderance of the evidence", much less than the "beyond a reasonable doubt" required in the criminal law case.
A good example, not exactly like your scenario, but good nontheless, is the Chris Cardona / Sean Cooney case on Lake Pleasant.
Cardona is a passenger on Cooney's boat. Cooney is legally drunk, bac above .21%. He is travelling along the lake at a "high rate of speed". He allows Cardona and another passenger to engage in horseplay (a "slap-fight") up on the bow of the boat. Cardona either loses his balance and falls or jumps overboard and drowns. His body is found a few days later. Autopsy shows Cardona was also drunk.
Cooney is charged and pleads guilty to OUI, Reckless Operation, giving false info to investigators, and tampering with evidence. (The last 2 charges stem from him throwing liquor and beer bottles over the side before investigators got on scene, and lying to them about what had happened.)
He could have been charged with manslaughter, due to prima facea recklessness of operating while intoxicated and allowing the horseplay to occur on his boat. (The owner is "Captain" and completely responsible for the safety of passengers).
However the Maricopa County (Phoenix) Prosecutor didn't persue stiffer charges, since he considered Cardona's intoxication a factor in his own death.
I really don't agree with the prosecutor's decision not to go for a homicide charge, but I have a better understanding of the maritime responsibilities of a "Captain" than he does.
(The fact that Sean Cooney is the son of a prominent Phoenix TV station owner, and husband of Phoenix Channel 12 anchor Lin Sue Cooney, wouldn't have anything to do with that decision, now would it?)
As far as I know, Cooney is being sued, Big Time, by the Cardona family. The status of the suit isn't being released.

[boatnam2]

thanks boatcop.