This is a sordid tale.

Besides my running lights, I always use a big flashlight to paint my sails
with some flickering light, even when I feel pretty certain the guy sees me.

Dave S. (Demitri)


On 10/22/08 6:42 PM, "Joe McCary" <[EMAIL PROTECTED]> wrote:

> It is good to learn that justice prevails.  I have to wonder at what cost in
> lawyer¹s fees etc.  And I wonder was there any actions to the Sheriff¹s
> 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 month¹s 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 Sheriff¹s department.
>  
> Initial coverage was exactly what the Sheriff¹s 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
> weren¹t 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.
>  
> It¹s 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 Sheriff¹s
> Deputy who was the owner operator of the speeding Baja Outlaw.
>  
> Morale of the story, don¹t 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 don¹t just sit there if you¹re 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                     s/v Wing Tip
> <http://www.catalina27.org/public_pages/profile270.htm>
> Secretary,                   Call Sign WCW3485
> IC27/270A                  MMSI 366901790
> 
>  
> 
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