It is good to learn that justice prevails. I have to wonder at what cost in lawyer's fees etc. And I wonder was there any actions to the Sheriff's Department for their total botching of the investigation?
Joe McCary Aeolus II, West River, MD #4795 [EMAIL PROTECTED] On Behalf Of Philip J Agur This month's Seaworthy (a Boat US publication) features the straightened out story of a collision between a 27 foot sailboat and a 24 foot 385hp Baja Outlaw after dark. Much of the early reporting was in error, even in Latitude 38 and on the SF based TV coverage because the owner/operator of the Baja is the number 2 official at the Lake County Sheriff's department. Initial coverage was exactly what the Sheriff's Department was willing to document, a head-on collision between a drunken sailboat operator running with no lights and an off duty Lake County Deputy Sheriff. Except for the forensics, the death of a woman on the sailboat, the eye witnesses that weren't allowed to give a statement coming forward, and maritime law it would have been an open and shut case. The Lake County DA is still charging the guest who had his hand on the tiller at the time with manslaughter even though forensics on the stern light filament shows it was on when broken, the speed limit on the lake after dark was 5 MPH, the damaged speedometer on the Baja is jammed at 50 MPH, the sailboat was under sail, the sailboat was struck from the rear, and the owner of the Baja was allowed to elude an on the spot breathalyzer test and the blood drawn later at the hospital went for an hour ride with the suspect before being logged into evidence. It's a two year old case and the civil suites and insurance claims have been settled. The only person involved that received no payout was the Sheriff's Deputy who was the owner operator of the speeding Baja Outlaw. Morale of the story, don't let anything obscure your navigation lights (check them every time), keep an active watch and if you hear someone coming read their navigation lights, and don't just sit there if you're in the path. Navigation lights are often lost in the shore lights so be prepare to do something different. Fire up a strobe or a 1,000,000 candle power spotlight and get yourself seen. Eventually being vindicated will never make up for the person that died on the sailboat no matter who was at fault. Phil Agur <http://www.catalina27.org/public_pages/profile270.htm> s/v Wing Tip Secretary, Call Sign WCW3485 IC27/270A MMSI 366901790
