By Bob Walsh
Regular readers and general news freaks will remember the
tragedy of the fire on board the dive boat Conception three years
back. A federal grand jury has just indicted the captain, Jerry N.
Boylan, 68, for "misconduct, gross negligence and inattention to his
duties" in the fire that claimed 34 lives.
A
judge kicked out a previous indictment last month because it specified
"negligence" rather than "gross negligence" in the charges. Negligence
is a careless mistake or breach of duty. Gross Negligence requires
deliberate, wanton, willful and reckless disregard for the safety of
others. The bar is significantly higher. This is sort of unusual in
that while the higher standard is used in common law manslaughter cases
the standard for "misconduct of a ship officer" has been simple
negligence or omission in the standard of care for close to 200 years.
The
fire killed 33 passengers and one crew member off Santa Cruz Island.
It is alleged that the captain failed to post a night watch, failed to
conduct adequate fire drills, failed to provide adequate training for
his crew, failed to provide instructions or direction to the crew after
the fire started and failed to personally make any attempt to rescue the
passengers even though he was uninjured. He was the first crew member
to abandon ship and ordered the other crew members to abandon ship.
He could get ten years as a guest of the people.
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