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

[Kennebec_Captain]

Here’s JDC’s post.

@jdcavo

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 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…

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?