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Official: Capsized boat had enough life jackets
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tara73
carseat nerd
Member since 11/09 3669 total posts
Name:
Buttercup
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Re: Boat full of fireworks watchers capsizes near Long Island's Oyster Bay; 3 dead
Posted by LMFitz
I never post on these sorts of threads- but the references to what is heard on the news is disturbing......unfortunately you can't trust any of the news outlets as the story is developing. We just have to wait for a final report.....and event that, be skeptical of what is shared publicly.
DH is in law enforcement. I can't even tell you how many times he's been quoted in the paper, without having been interviewed or providing any statement. Further, the majority of what hits the public news outlets is only partially true......the media outlets manipulate everything.
Just a caution to those who take news reports as "truth".
Such a sad tragedy. I grew up in the area, boat the waters regularly, and now have a child.....it's just heart wrenching from all angles.
Too true.
I think sometimes we get caught up in the reports we hear and forget about media sensationalism.
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Posted 7/13/12 8:33 AM  |
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nicrae
He's here!
Member since 12/06 9289 total posts
Name:
Mommy
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Re: Boat full of fireworks watchers capsizes near Long Island's Oyster Bay; 3 dead
Posted by tarabelle99
Posted by LMFitz
I never post on these sorts of threads- but the references to what is heard on the news is disturbing......unfortunately you can't trust any of the news outlets as the story is developing. We just have to wait for a final report.....and event that, be skeptical of what is shared publicly.
DH is in law enforcement. I can't even tell you how many times he's been quoted in the paper, without having been interviewed or providing any statement. Further, the majority of what hits the public news outlets is only partially true......the media outlets manipulate everything.
Just a caution to those who take news reports as "truth".
Such a sad tragedy. I grew up in the area, boat the waters regularly, and now have a child.....it's just heart wrenching from all angles.
Too true.
I think sometimes we get caught up in the reports we hear and forget about media sensationalism.
Victoria Gaines' family was just on TODAY. So heart breaking. The mother said it happened so fast and also that she did not realize how many people were on the boat because they were all spread out. Their lawyer said a civil lawsuit was the furthest thing from their mind and are focused on starting "Victoria's Law".
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| Posted 7/13/12 9:22 AM |
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Re: Boat full of fireworks watchers capsizes near Long Island's Oyster Bay; 3 dead
Posted by Chatham-Chick
Posted by guyinblue
Posted by Chatham-Chick
Posted by guyinblue
IMHO, criminal charges should only be brought upon a commercial charter or the like where you trust a company (strangers) to be competent, law abiding, and in compliance with all rules and regulations.
In a private boating accident involving all family and friends where lives were tragically and accidently lost, it serves absolutely no purpose to criminally charge anyone...the loss of the lives of their loved ones is more of a penalty than any jail or prison could ever provide - not to mention, it's a "life sentence".
Why shouldn't private boating be held to the same laws? We don't write off criminal charges when it comes to automobiles just because it may involve family & friends.
That's exactly why it's "IMHO"....if you kill strangers in an accident then yes, you should be held accountable. In the event you accidently kill your kid, family or friend - in a car or boat - and no one else is involved, what good is throwing me in prison going to do? There were no drugs or alcohol involved (which would have been a different story altogether).
What exactly are you punishing or rehabilitating in that narrow set of circumstances? TRUST ME, they learned more of a lesson than any prison yard will teach them. They haven't slept a wink since it happened....
Again, just my crazy opinion....
So you only believe in accountability for strangers and assume that persons who may have been in deadly or serious accident with a stranger wouldn't hold the same remorse as they would if it was a family member or friend?
Interesting opinion indeed.
I can see not filing charges IF all the rules were followed and it was just a tragic accident. If you're driving in a car, that has been inspected, you have your seat belts on, the kids are in their car seats, you're going the speed limit, etc. And all of a sudden something unforseen goes wrong and someone is killed...regardless of whether they were a stranger or family/friend, I don't think there is a case for a lawsuit/charges.
But that doesn't seem to be the case here...the boat was overcrowded, there were not enough life vests for people on board. Was the accident completely preventable? Perhaps not, but the fact remains that rules (if not laws) were broken/disregarded and that put the safety of the passengers at risk. That is the Captain's responsibility.
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| Posted 7/13/12 10:08 AM |
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maymama
my little loves
Member since 8/08 18453 total posts
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Re: Boat full of fireworks watchers capsizes near Long Island's Oyster Bay; 3 dead
Posted by nrthshgrl
Posted by maymama
Posted by nrthshgrl
This didn't sound like you were basing it off your boat and area knowledge:
Posted by Ladybug63
There are a lot of details that have not been released to the public. If and when these details are released I think a lot of us will have a new point of view on the matter :(
If you said I'm sure, or I'm guessing, then I'd say it's speculation. This was written as a factual statement... someone who is privy to details of the case.
In which case, imo either don't say anything about it if you are in a confidential position or spill it.
this - OR go to the police perhaps?
Spilling it to us was my preference  
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| Posted 7/13/12 10:26 AM |
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tara73
carseat nerd
Member since 11/09 3669 total posts
Name:
Buttercup
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Re: Boat full of fireworks watchers capsizes near Long Island's Oyster Bay; 3 dead
Posted by nicrae
Posted by tarabelle99
Posted by LMFitz
I never post on these sorts of threads- but the references to what is heard on the news is disturbing......unfortunately you can't trust any of the news outlets as the story is developing. We just have to wait for a final report.....and event that, be skeptical of what is shared publicly.
DH is in law enforcement. I can't even tell you how many times he's been quoted in the paper, without having been interviewed or providing any statement. Further, the majority of what hits the public news outlets is only partially true......the media outlets manipulate everything.
Just a caution to those who take news reports as "truth".
Such a sad tragedy. I grew up in the area, boat the waters regularly, and now have a child.....it's just heart wrenching from all angles.
Too true.
I think sometimes we get caught up in the reports we hear and forget about media sensationalism.
Victoria Gaines' family was just on TODAY. So heart breaking. The mother said it happened so fast and also that she did not realize how many people were on the boat because they were all spread out. Their lawyer said a civil lawsuit was the furthest thing from their mind and are focused on starting "Victoria's Law".
I'm sure she feels guilt related to all of this. She lost her daughter, her pain is real. I think at this point if she can make it so her daughter didn't die in vain it will help start the healing process.
It's very obvious after this tragedy and even the one on the South Shore a few weeks prior that boating laws need a complete and total overhaul.
Newsday is reporting the boat owner's attorney as claiming that Nassau Cty/TOB should have managed boat traffic better and that the owner is "distraught" at the level of investigation going on.
Why is this family so media friendly? They all need to STFU at this point.
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| Posted 7/13/12 10:37 AM |
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mrsej
The cutest!
Member since 1/07 2495 total posts
Name:
Mommy
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Re: Boat full of fireworks watchers capsizes near Long Island's Oyster Bay; 3 dead
I think that the captain could face criminally negligent homicide charges. I am an attorney and my practice area is criminal law and based on the elements in a criminal negligent homicide charge, I wouldn't be surprised if he was facing those charges. There has to be an unjustiifiable risk (severe overcrowding on boat with children taken out at night), the individual fails to perceive that risk and his action is a gross deviation from the standard of a care a reasonable person would use - that would be the tough one to prove, but it is hard to think how any reasonable person would think this would be ok. Also, my colleague is a former maritime attorney and he said that the feds could take this over because of the body of water the boat was in. Enclosed bodies of water (lakes) would be interstate law enfrorcement agencies (local guys) and oceans or bodies of water that lead to the ocean would be intrastate agencies, so that could be why the FBI is there.
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| Posted 7/13/12 10:54 AM |
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LMFitz
life is good
Member since 5/05 2013 total posts
Name:
L
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Re: Boat full of fireworks watchers capsizes near Long Island's Oyster Bay; 3 dead
Posted by tarabelle99
boating laws need a complete and total overhaul.
AMEN!
You need to pass a safety course to drive a 9-foot jet ski, but legally you don't need any particular training or licensure to drive a 34 foot boat. Clearly, there's something off.
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| Posted 7/13/12 12:57 PM |
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InShock
life is good
Member since 10/06 9258 total posts
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Re: Boat full of fireworks watchers capsizes near Long Island's Oyster Bay; 3 dead
Posted by nicrae
Victoria Gaines' family was just on TODAY. So heart breaking. The mother said it happened so fast and also that she did not realize how many people were on the boat because they were all spread out. Their lawyer said a civil lawsuit was the furthest thing from their mind and are focused on starting "Victoria's Law".
Heartbreaking. 
http://video.today.msnbc.msn.com/today/48173983#48173983
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| Posted 7/13/12 9:05 PM |
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Re: Boat full of fireworks watchers capsizes near Long Island's Oyster Bay; 3 dead
Posted by Ophelia
Posted by nicrae
There is not a plaque on my parent's sailboat nor my aunt's motorboat. Once you hit a certain footage there is no maximum capacity which is my point. Was it stupid? Yes. Did he break any laws? No. I think that this accident should be used to revamp boating laws and such but I truly don't think throwing the Captain or the driver in jail would serve any purpose at this point.
there are laws against utter and flagrant stupidity that causes death.
those children DROWNED terrified. cognizant of what was happening to them. it is the WORST WAY TO DIE. for a child I cannot even begin to imagine the fear. the lonliness.
I could not imagine my son (God and Heaven forbid it) dying that way, without me. calling for me.
the thought of it shakes me to my very core and everything in me when we are near water searches for ways to prevent it.
at the very least, an adult should have been in there with them. I cannot fathom the utter and complete stupidity. the selfishness.
I agree. I think about this happening to my baby. I can't imagine letting him go into such a dangerous situation in the first place. I cry thinking about this.
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| Posted 7/13/12 10:38 PM |
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evrythng4areason
And then there were 4
Member since 1/10 5224 total posts
Name:
Kayla
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Re: Boat full of fireworks watchers capsizes near Long Island's Oyster Bay; 3 dead
Posted by tarabelle99
Posted by nicrae
Posted by tarabelle99
Posted by LMFitz
I never post on these sorts of threads- but the references to what is heard on the news is disturbing......unfortunately you can't trust any of the news outlets as the story is developing. We just have to wait for a final report.....and event that, be skeptical of what is shared publicly.
DH is in law enforcement. I can't even tell you how many times he's been quoted in the paper, without having been interviewed or providing any statement. Further, the majority of what hits the public news outlets is only partially true......the media outlets manipulate everything.
Just a caution to those who take news reports as "truth".
Such a sad tragedy. I grew up in the area, boat the waters regularly, and now have a child.....it's just heart wrenching from all angles.
Too true.
I think sometimes we get caught up in the reports we hear and forget about media sensationalism.
Victoria Gaines' family was just on TODAY. So heart breaking. The mother said it happened so fast and also that she did not realize how many people were on the boat because they were all spread out. Their lawyer said a civil lawsuit was the furthest thing from their mind and are focused on starting "Victoria's Law".
I'm sure she feels guilt related to all of this. She lost her daughter, her pain is real. I think at this point if she can make it so her daughter didn't die in vain it will help start the healing process.
It's very obvious after this tragedy and even the one on the South Shore a few weeks prior that boating laws need a complete and total overhaul.
Newsday is reporting the boat owner's attorney as claiming that Nassau Cty/TOB should have managed boat traffic better and that the owner is "distraught" at the level of investigation going on.
Why is this family so media friendly? They all need to STFU at this point.
on a completely random side note, i know the owner's atty..i use to teach his daughter
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| Posted 7/15/12 9:15 AM |
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nrthshgrl
It goes fast. Pay attention.
Member since 7/05 57538 total posts
Name:
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Re: Official: Capsized boat had enough life jackets
Updated 8/8/12:
A cabin cruiser that capsized July 4, killing three children on board, appears on preliminary inspection to have been mechanically and structurally sound, a source with knowledge of the investigation said.
There also were enough life jackets on board for all the passengers, the source said this week.
The finding is the first to become known since the investigation began more than a month ago. The source said further testing on the boat is still needed. Investigators continue to interview witnesses, and are waiting for more complete information on the boat and the events leading up to the tragedy, the source said.
Lawyers for both the boat owner and the boat's driver have said that their clients had yet to be interviewed by police since the night of the tragedy.
Nassau County District Attorney Kathleen Rice and Nassau police both declined to comment, except to say the investigation is ongoing.
Last month, investigators said initial interviews appeared to indicate there was a strong possibility that the vessel did not have the legally required number of life jackets aboard, a police spokesman said at the time.
Nassau police indicated that the main focus of their investigation was whether the boat was overcrowded when vessels were departing the area after a fireworks show had concluded.
Officials said they are trying to determine if wakes from other boats, stormy weather or mechanical failure also played a role.
The 34-foot Silverton cruiser, named Kandi Won, had 27 people onboard, at least 10 of them children, when it capsized near the mouth of Oyster Bay on the way back to Huntington after a fireworks display.
Three children trapped in the cabin died: cousins David Aureliano, 12, and Harlie Treanor, 11, and family friend Victoria Gaines, 7.
Sal Aureliano, David's uncle, has said he was steering the boat when it hit a large wake that he did not see.
Many marine-safety experts and other boaters have speculated that the cause of the accident was overcrowding, a charge that James Mercante, a Manhattan lawyer for the boat's owner, Kevin Treanor, has denied.
Mercante said Monday he and his client have not had access to the vessel since the accident and he cannot comment on its soundness. He said he was not surprised to hear that investigators had found that there were enough life jackets on board, since that's what Treanor, Harlie's father, said from the start.
Anthony La Pinta, who represents Sal Aureliano, declined to comment.
Tuesday, Suffolk County Legis. Steve Stern (D-Huntington) was to introduce a bill that would require all boaters to take a safety training course or face fines and even jail time for repeat offenses.
Stern said his bill would take effect one year after being passed by the legislature, if that happens, and signed by county Executive Steve Bellone, who endorses the legislation.
Stern said he hopes to have a vote by the full legislature by early September.
Wednesday, Lisa and Paul Gaines, of Huntington, Victoria's parents, are scheduled to testify before state Sen. Carl L. Marcellino (R-Syosset) and the Standing Committee on Investigations and Government Operations.
Other speakers include state parks Commissioner Rose Harvey; Sgt. John Owen, deputy commanding officer of the Nassau County Police Marine Bureau; Lawrence Postel, district commander for the U.S. Power Squadrons boating safety organization; Chris Squeri, executive director of the New York Marine Trades Association, and Jackie Martin, commodore of the Greater Huntington Council of Yacht & Boating Clubs.
The 11 a.m. hearing will be at Oyster Bay Town Hall, 54 Audrey Ave.
With Bill Bleyer
and Matthew Chayes
http://www.newsday.com/long-island/official-capsized-boat-had-enough-life-jackets-1.3888970?cmpid=newsdayNow
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| Posted 8/8/12 10:08 AM |
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Beth
The Key to your new home....
Member since 2/06 24849 total posts
Name:
Beth
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Re: Official: Capsized boat had enough life jackets
you could have all the life jackets in the world
if you aren't wearing it and can't get to them- they are useless
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| Posted 8/8/12 10:11 AM |
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