Criminal Charge Reinstated Against Captain of 'Conception' Dive Boat - The

Previous thread here: Conception Dive Boat Captain Charges Dismissed

JDCavo mentioned on the old thread that charges would likely be reinstated.


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