# Conception Dive Boat Captain Charges Dismissed

**URL:** https://forum.gcaptain.com/t/conception-dive-boat-captain-charges-dismissed/64041
**Category:** Professional Mariner Forum
**Created:** [September 5, 2022, 1:04pm UTC](https://forum.gcaptain.com/t/conception-dive-boat-captain-charges-dismissed/64041 "2022-09-05T13:04:38Z")
**Posts on this page:** 1
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### Author: ![jdcavo](https://sea2.discourse-cdn.com/flex016/user_avatar/forum.gcaptain.com/jdcavo/32/108_2.png) [@jdcavo](https://forum.gcaptain.com/u/jdcavo)
#### Post date: [September 5, 2022, 2:42pm UTC](https://forum.gcaptain.com/t/conception-dive-boat-captain-charges-dismissed/64041/3 "2022-09-05T14:42:10Z")

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They can still re-file charges under gross negligence. There is also a good chance the US attorney will prevail on appeal as the Judge’s ruling appears to be a unique interpretation of seaman’s manslaughter. All prior precedence has held that negligence was sufficient. The [statute](https://www.law.cornell.edu/uscode/text/18/1115) seems pretty clear on this point:  
_Every captain, engineer, pilot, or other person employed on any steamboat or vessel, by whose misconduct, **negligence** , or inattention to his duties on such vessel the life of any person is destroyed…_

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