Previous thread here: Conception Dive Boat Captain Charges Dismissed
JDCavo mentioned on the old thread that charges would likely be reinstated.
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I’m surprised that they didn’t re-indict for Seaman’s Manslaughter alleging ordinary negligence.
I’m not familiar with any case law on Misconduct by a Ships officer. Misconduct implies intentional acts with a guilty state of mind. I would think that that would be harder to prove than ordinary negligence which does not require proof of intent. Perhaps the misconduct charge makes it easier to reach a plea deal.
Here’s JDC’s post.
Seems like the choice was to appeal to attempt to keep the charges as negligence or change the charges to gross negligence.
If I understand correctly the prosecution went with the latter. I don’t understand why the original case was thrown out.
Could the argument be that it’s unfair to hold mariners to a different standard? Or an argument based on precedence?
Here’s the press release. Federal Grand Jury Issues New Indictment in Conception Boat Fire