Sad Sad Sad

Popeye · 12-16-2006, 01:58 PM

Please!!!!! no flaming on this thread. I'm only posting this because it IS sad. Remember guys, THERE ARE NO EXPERTS ON THE OCEAN.

I think this is just a good reminder.....please don't get complacent out there. This could of happened to any of us!

"PORTLAND, Ore. (AP) - A federal judge has set a March trial date for a Winchester Bay charter-boat captain accused of manslaughter in the death of three passengers who drowned.
The judge rejected a plea bargain request from the attorney for Richard Oba because it would have bound him to certain sentencing guidelines for any guilty verdict.
Oba was the captain the Sydney Mae II when it capsized in September 2005. Three of his four passengers died.
Oba was charged with "seaman's manslaughter," a federal crime, after the National Transportation Safety Board report faulted him for crossing the Umpqua River bar despite 14- to 16-foot waves.
Oba could serve a maximum ten years for each manslaughter count."

:frown:

Bruce Marler

corrirod · 12-16-2006, 02:11 PM

For everyone involved.

SalmonJeff · 12-16-2006, 03:14 PM

interesting.... a captains liability in ocean conditions like that could be bad...

Mr. Fisherman · 12-16-2006, 03:23 PM

I have lot of respect for Rich... This whole turn of events is just terrible.
Yes, when you have souls on your boat YOU are responsible.
Keep this in mind when you make your decisions.

Before you post to this thread take a moment and read it from the eyes of those involved. Do not let this thread turn south.

jigmaster · 12-16-2006, 04:33 PM

No one is above the law. Let the courts decide.

RODACTION · 12-16-2006, 04:39 PM

Tuff stuff for sure

Bendman · 12-16-2006, 05:38 PM

Thanks for the update Bruce.

jacksalmon · 12-16-2006, 06:16 PM

I am making no comment about the event or Captain Rich's liability. But, the AP article quoted by Popeye was poorly written. Usually, a plea bargain is an arrangement agreed to by both sides, prosecutor and defense. A judge does always have the right to reject the agreement, but it is rarely done. The article says that it was rejected because the judge would have been bound to a certain sentence via the sentencing guidelines, which are the mandatory sentences applied for certain crimes, altho, sometimes, the judge has the right to depart from the guidelines. I can't make out if the judge thought the mandatory sentence was too harsh or too lenient and therefore, whichever it was, he rejected what would have been the end result. Whoever wrote that AP article should go back to journalism school and learn to write something that informs people rather than confuses them.

Popeye · 12-16-2006, 07:11 PM

Jacksalmon....It sounds as though you are an attorney, and I'm very glad that you pointed these things out. I know for a fact that sometimes the media people rush to the story rather than rushing to find the truth and verify it.
That being said, and again, thanking you for the clarifications, I hope people take this post for what I intended it to be. I only want this to be an eyeopener, and a wake up call to those of us that might find ourselves becoming complacent. Believe me, I know how easy it can become when things go so well for so long.

That's all.

I have a lot of really good friends on this site.....And I want to keep them all!

Jon55 · 12-16-2006, 08:51 PM

All I can say is that I agree with the title of the thread and say, I am sad... sad for everyone involved.

crabbait · 12-16-2006, 09:26 PM

Quote:

Originally Posted by Mr. Fisherman

Yes, when you have souls on your boat YOU are responsible.
Keep this in mind when you make your decisions.

You are right, Ray, but I believe the criminal charge is due to the specific legal responsibility of a charter captain. The requirement for due diligence is higher on a licensed commercial operator. Prosecution under this law is rare.

Popeye · 12-16-2006, 09:38 PM

Steve....Although you're right, it still is not my intended message.
I'm not professing right or wrong, legalities or not, just a SIMPLE....guys, let's be cogniscent of our inherent responsibilities as a boat operator.....or better known as skipper.

THERE IS NO OTHER MESSAGE HERE

Rubber Boot · 12-17-2006, 02:40 PM

It is very sad..........One thing I think I know about this case, No one got up that morning with the intention of capsizing his boat or to drown in a mishap. People were going out to have fun and catch a couple of fish. The captain was going out to apply his trade and probably looking forward to the end of the day so he could return home to his family. Now, no ones life that was involved will ever be the same again. This should give us all pause to think about what can happen to anyone who operates a boat. I dont think a person can take it too seriously. Be careful out there guys!!!

Fish Killer · 12-17-2006, 05:22 PM

This is a bad situation for everyone involved. I have never been on a charter boat, but do people sign waivers releasing liability before the boat leaves port?

colbachlaw · 12-17-2006, 07:41 PM

Fishkiller,

I have not been on a charter in a long time, but I do not remember signing a waiver.

Waivers are not worth much in court.

Just because someone signed a waiver, it does not mean that you no longer have to exercise due care. If you are negligent, you are still at fault.

Having been a prosecutor for 9 years, I can say it is very rare for a judge to reject a plea deal. I think it only happened to me two or three times. It will be interesting to see how this case turns out. Every captain, myself included, bears a lot of responsibility whenever he takes someone out on his boat. If your are taking mone in exchange for the boat ride, the standard is even higher.

Mike C

Popeye · 12-17-2006, 07:47 PM

Rubber Boot....I don't believe I could have said it better myself. Thank you for your insight.

Popeye out.

Billfisher · 12-17-2006, 09:01 PM

I have been silent on this one for too long. I agree with all the legal insights above (I am in Law Enforcement, and have seen few rejected plea agreements) but know that judges have a bit more discretion then we realize at times. Here is the sad fact... one of the Salty Dogs many of us have fished with is in a huge jam. He needs our support, regardless of fault, consequences, or my favorite: the fear of being labeled, "...guilty by association."

Folks, this is a rotten deal for Rich and Sydney, as well as the other families affected. Please remember that justice and empathy are independant of one another.

Rich hasn't returned my calls, but I'd encourage those that know him to call anyway and leave messages. It gets awful lonely when you're in the hotseat...

Super Fluke · 12-17-2006, 09:20 PM

Quote:

Originally Posted by jigmaster

No one is above the law. Let the courts decide.

Troutinator · 12-18-2006, 08:57 AM

Quote:

Originally Posted by Super Fluke

Billfisher · 12-18-2006, 10:05 AM

Exactly. Still, if this were your brother or family member, you'd be supportive (I hope) regardless of what the court decides. That was where I was going with this.

Ethical hunter · 12-18-2006, 12:45 PM

Yes, this is sad. For everyone involved.

EH

Smoked Salmon · 12-18-2006, 11:29 PM

My thoughts are with the affected families this Holiday Season. None of this can be even remotely pleasant. For some it is still uncertainty and for others it is finality. I hope that justice satisfies all parties, whether or not it is served.

-Bill

fyshndad · 12-19-2006, 07:45 AM

I send Much heartfelt Sympathy to the families that lost loved ones

I also hope that this serves as a lesson to all boat operators on just how much responsibility we have to everyone we take on our boats

If anything goes wrong the 1st blame will be placed on the captain

I for one will strive to be even more diligent in operating my boat

for 1 I will from this day forward require everyone to wear a PFD while crossing any bar no matter how calm things seem

You do not want to wear a PFD?? stay off my boat