Saturday, June 2, 2018

NO CHARGES!

Breaking news on the Yu Chen tragedy is here:

http://host.madison.com/wsj/news/local/courts/no-charges-in-the-death-of-a-windsurfer-struck-by/article_0038f30a-d342-5485-942c-e74ea463aced.html"

Basically, the DA concluded that the boat's design was at fault. Short people driving a big powerboat are going to have difficulty seeing what's in front of them, so if they run something over, it's not their fault because short people can't be blamed for being short.

We're paraphrasing, but this is just typical for state employees. Unless you have a signed statement from them essentially admitting that they did something wrong, it is almost impossible to convict. It's always somebody else's fault.

The DA concluded: "the position of the seats on the boat could have obstructed their vision." According to the driver, he "had to shift and keep his head up to see his surroundings because of the design and arrangement of the boat." Sounds like he couldn't see over the bow and had to crane his neck and really pay attention to where the boat was going. That is asking a lot.

I've been on the UW rescue boat and visibility is fine. Of course, as you go faster, the bow tends to rise out of the water, affecting visibility in front. On a big power boat, the bow will generally point the highest just prior to planing, at around 15-18 mph.

More analysis after obtaining the sheriff's report.

Updated June 4

9 comments:

  1. Why did the three UW employees operating the boat that ran over Yu Chen and chopped him to death...why did the District Attorney Ismael Ozanne only refer to them by their initials? Is that the law that if you run somebody over, whether accident or more, that they get to conceal your real names? I have heard of doing that for like children, to protect their privacy; or rape victims; but these employees? They were not victims afterall. Seems weird and maybe just invented. Is that what the law requires? And are these employees still operating the rescue boat today?

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  2. Not sure as I am not an attorney, but if one happens by this site, maybe they can provide an answer. The Chen family attorney must know their names. They are public employees after all and it does seem wrong to keep them a secret. Maybe it has to do with protecting fellow public employees and suggested recently.

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  3. It's not so hard to decode the initials if you just look up the Lake Safety Team roaster at the EHS website.

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  4. Sam Kleppe and Chris Kleppe were on board, not sure who the third person was. Another new story here, the family is seeking $16M. It does seem Chen was sailing at the time of the accident:

    http://www.wxow.com/story/38330399/2018/06/01/chen-family-seeks-16-million-over-windsurfer-death

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  5. The third person is William "Bill" Stebbins. I have no doubt that he and the other crew members worked extra hard to keep their legacy intact. Just because the DA didn't find criminal negligence, doesn't mean there wasn't civil negligence.

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  6. Fire David Elsmo.

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  7. Rumor has it that the Harvey crew shredded another windsurfing rig with their propellers last week, although they missed the windsurfer this time. Plus ça change, plus c'est la même chose.

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  8. A rumor, as in, one you are trying to start here? if not, let's hear some specifics.

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  9. Not sure of specifics. There was a shredded sail in a heap on the ground by the canopy and other members said that Harvey backed over it while the windsurfer was climbing aboard.

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