Here's one to think really hard about. At first you might think it's absurd, I did. After I thought about it I realized that letting the guy get in the boat in the first place was the contributing factor in him loosing his life:
From the Santa Rosa Press Democrat 04/06/2009
A state appeals court has ruled that a felony manslaughter charge should be reinstated against a Petaluma man who was backing up a boat on Lake Sonoma when a drunken friend jumped off the stern to his death two years ago.
Will Dawson, 27, could face up to four years in prison if convicted on the manslaughter charge, one of two felonies resulting from the May 6, 2007 death of his longtime friend, Mark Spier.
In its decision Thursday, the California First District Appellate Court overturned prior rulings by two Sonoma County judges who determined that Spier, 51, died because of his own actions despite whatever negligent acts Dawson might or might not have committed.
The appellate court disagreed, highlighting testimony that detailed Spier?s increasing drunkenness, belligerent defiance in the face of safety instructions and refusal to give up his bid to water ski that day.
Dawson, the three-judge panel said, was the ?captain of the ship? and responsible ?to those on board, even if - indeed, particularly if ? they were intoxicated.?
Though witnesses said Dawson, who also had been drinking, used a designated driver for most of the day and reversed the boat smoothly and slowly, the court said it was nonetheless ?eminently foreseeable that Spier would again enter the water.
?And what more likely place to enter than the ski step, which was almost directly above the propeller,? the ruling said.
The ruling, which has been sought by the Sonoma County District Attorney?s will now be returned to Superior Court in Santa Rosa.
From the Santa Rosa Press Democrat 04/06/2009
A state appeals court has ruled that a felony manslaughter charge should be reinstated against a Petaluma man who was backing up a boat on Lake Sonoma when a drunken friend jumped off the stern to his death two years ago.
Will Dawson, 27, could face up to four years in prison if convicted on the manslaughter charge, one of two felonies resulting from the May 6, 2007 death of his longtime friend, Mark Spier.
In its decision Thursday, the California First District Appellate Court overturned prior rulings by two Sonoma County judges who determined that Spier, 51, died because of his own actions despite whatever negligent acts Dawson might or might not have committed.
The appellate court disagreed, highlighting testimony that detailed Spier?s increasing drunkenness, belligerent defiance in the face of safety instructions and refusal to give up his bid to water ski that day.
Dawson, the three-judge panel said, was the ?captain of the ship? and responsible ?to those on board, even if - indeed, particularly if ? they were intoxicated.?
Though witnesses said Dawson, who also had been drinking, used a designated driver for most of the day and reversed the boat smoothly and slowly, the court said it was nonetheless ?eminently foreseeable that Spier would again enter the water.
?And what more likely place to enter than the ski step, which was almost directly above the propeller,? the ruling said.
The ruling, which has been sought by the Sonoma County District Attorney?s will now be returned to Superior Court in Santa Rosa.
