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Boating accident/death back in court

19K views 124 replies 54 participants last post by  Virginia 482 
#1 ·
Boating death case back in court

By JIM SECKLER/The Daily News

Thursday, May 1, 2008 12:06 AM CDT

NEEDLES - A fun summer day on the Colorado River last August turned deadly when a 10-year-old California girl was killed when another boat reportedly slammed into the boat she was a passenger in.

The case against the driver of the other boat, Michael Scott Brandon, was back in court Tuesday in San Bernardino County Superior Court in Needles. Brandon, 47, is charged with felony vehicle manslaughter and negligent use of a watercraft while under the influence. Tuesday's hearing was again postponed until June 17.

A defendant charged with manslaughter faces up to 13 years in prison if tried and convicted.

Brandon of Yucaipa, Calif., was driving an open bow, V-hull boat on the river near Topock on Aug. 4 when he allegedly crashed head-on into another boat. According to Melinda Smith, the girlfriend of Sara's father, Brandon's blood alcohol level was reportedly tested at about 0.280 percent and was later tested at 0.210 percent.

The boating crash killed Sara Margiotta of Temecula, Calif., who was on a deck-style boat with 10 other people traveling northbound on the Arizona side of the river just south of the Interstate 40 bridge.

Brandon's boat, which was carrying two other people, was heading southbound on the same side of the river when both boats collided head-on. Margiotta was taken to Valley View Medical Center, where she died from major head injuries. Two other passengers were treated and released from Colorado River Medical Center in Needles. Brandon and a 13-year-old California girl in his boat were also injured in the crash.

California law does not require a boat to travel on a specific side of the water, unlike Arizona law. Federal navigation rules state that approaching boats should each turn right to avoid a head-on collision.

Smith was one of the passengers injured on the deck-style boat. She said a charity event has been started in memory of Margiotta, called Sara's Way, that recently raised $95,000 at a golf tournament.
 
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#6 ·
I turn right and I also have no problem turning hard right and coming off plane if the guy even looks like he is going to come anywhere near me. Better safe than sorry.

I hope this guy rots in prison for this. I understand accidents happen but to get behind the wheel after you've had that much to drink especially with children on board is just plane stupid.
 
#8 ·
Somebody refresh my memory here.. but wasn't the drunk guy on the correct side of the river, and turned the correct way? And the other guy is the guy that was on the wrong side of the river and turned left?

RD

If thats the case then its negligence on both parts..but drunk is still drunk..no excuses maybe if sober he could have avoided the other guys mistakes??

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#43 ·
I know off topic but:
Cruising around EC in the Golf Cart we see lots of non-Fountains with graphics that look like the Fountain mentioned.

I'd wager eventually the female passenger will step forward and we'll get closeure.
Or at least hope.

About 8 years ago a Sea Doo took a mothers head off while she was wade-ing in the water at Riverlodge with her kids.

All forgotten, the Sea Doo driver never found, clean get-a-way.
The SBSO did a hell of good search for the guy, my hat is off to them, but nothing, and all is forgotten last we enquired.
 
#17 ·
I realize that this is a super sensitive issue but, I have to agree with River Dave on this one.

What if someone is driving up the lake and had a couple of beers in him after dark. All of a
sudden a jet ski comes out of a cove and goes right under the boat and dies. 10,000 percent the fault of the jet skier-0 percent the fault of the boat driver. The boat driver
sticks around to render aid and assistance. As soon as the smoke clears, they draw blood
and the boat operator is going to jail for manslaughter.

I personally believe that he is guilty of OUI but not manslaughter.

I don't know the exact details of the above mentioned tradgedy but if the drunk guy didn't
screw up, I'd have a hard time putting the man in jail for 13 years. Just my opinion.

With very few exceptions, everyone (almost) has at one time or another driven
a car or boat while drunk. That means that we are all as guilty as the above
mentioned driver but we just got lucky?
 
#20 ·
When is the last time you were on jury duty RD? Hopefully emotion won't play a part in the sentencing and common sense will. The guy should be held responsible for his actions. OUI yes.....Manslaughter...absolutely not according to the info I have obtained.
 
#22 · (Edited)
I have drank and driven before in the past..Im no saint. But I no longer do it for the above reason period. The guy drinking will now be crucified no matter how great he was driving that day. Right or wrong he is screwed. Its just not worth it anymore. Oh and if that is not enough deterant I dont want to end up on Havasu Heat..LOL! Imagine a jury looking at pics of the little girl and there family and knowing the driver was drunk..its a no win situation!

http://www.unleashedclothing.com
http://www.myspace.com/unleashedhardcore
20% off online for all Performance boaters..code is hardcore2008
 
#25 ·
So if I'm driving down the road and been drinking and some person swerves over the line on to my side of the road and hits me head on and dies, it's my fault because I was drinking????
This is a tough call since we all know the rules of boating , but there is no actual line to cross over. I gotta believe he is wrong because of the alcohol. As Kilrtoy said it's the drinking that sways it. It's just not worth a few drinks knowing that regardless of the circumstances if you are drinking your probably screwed
 
#32 ·
So if I'm driving down the road and been drinking and some person swerves over the line on to my side of the road and hits me head on and dies, it's my fault because I was drinking????
This is a tough call since we all know the rules of boating , but there is no actual line to cross over. I gotta believe he is wrong because of the alcohol. As Kilrtoy said it's the drinking that sways it. It's just not worth a few drinks knowing that regardless of the circumstances if you are drinking your probably screwed
WELLLLLLLLL
Having some drinks and being impaired are two different things....
So if you were above the legal limit or impaired to a degree that can be proven, YES you could be charged and tried for a crime
 
#26 ·
According to that article, California does NOT have the counter-clockwise law? Since when?!?! Every lake I've ever been on has always been ccw. I even got busted by the not doing so in a rubber raft with an electric trolling motor.
 
#28 ·
I respect everyone's opinion on this issue. However, I am going to side with the "DUI your done" group. No matter what, the only way this guy is going to get out of this is if the driver of the pontoon boat was drinking as well. And, the severity of the DUI plays a part.

Sorry, but if you chose to drink and drive and there is an accident, plan on being on the wrong side of the legal system on that one. Your going to lose everything via legal bills and lawsuits.

Horrible tragedy. Godspeed to the little girl. Prayers are with her.

Rob
 
#29 ·
What am I not understanding after rereading the original post?
The deckboat was going north on the az side and the other boat going south on same side??? sounds like the other boat was on the wrong side??
And if it ocurred on the Az side why is it being tried in Calif court?
 
#39 ·
OUI or EXTREME OUI

My opinion is based on the fact that he blew a .28 originally then blew a .21 a little while later. He was way to f'd-up to drive a boat let alone have decent reaction skills, wether he was in the wrong or not. I would agree with RD if he had blown a .08 or a wee bit more but 3 times the legal limit is as I stated EXTREME. I feel bad for the guy thats for sure, I assume he had no intention of killing that little girl or anyone for that matter. I do not believe he deserves to be in jail if this is his first DUI offense, our jails are needed for repeat offenders of much more serious deliberate crimes. This guy is going to live with this the rest of his life and if he is truly remorsefull and a first time offender he deserves IMO a long probabtion period.
 
#41 ·
You know every one keeps taking about the guy that was drunk. OK arrest him for DUI and take him to trial but the other guy should have been arrested to. If he was on the wrong side and that had anything to due with that little girls death then he should be responsible too. That would be like saying there were 2 drunks but one had a higher blood alcohol level so he is the one we are going to arrest. They were both at fault and should both be held responsible. One other thing is that you cant tell me that he was going up river with any speed and didn't know that he was on the wrong side. I know that the first time i went up i was moving very slow because i didn't know what would be coming around the next bend. I just think that trying to blame one person for this is wrong.
 
#45 ·
I remember reading about this accident and all it's horrible and graphic/sad details right after it happened. Absolutly horible to say the least for all involved. Very very sad!!:(

I know that a .08 is considered legaly drunk. If you were tested and blew lets say a .04 is that still OUI but of a lessor degree? Do you have to be a .08 to be "OUI" ?

Is there a difference between: operating while under the influence of alcohol
or
operating while intoxicated ?
 
#51 · (Edited)
I never heard anything about the drunk guy being on the right side of the river or not, but one of the papers out here reported that Brandon was the one who made the wrong move:confused:. I will say though that slightly impaired and .280 are to totally differnt things. The drunk guy should not have been there. I'm not perfect by any means I've done it, I don't anymore to much to lose. I also want to be sober for the fact that all of the other idiots are out there.

Keep in mind this idiot got to a .280 alchohol level and then hopped in his boat with a child on board and headed up river. He is 100% at fault.

Here is a link to a news paper article that states that the deck boat moved correctly and that that Brandon's boat did not.

http://www.mohavedailynews.com/articles/2007/08/08/news/local/local3.txt
 
#55 ·
I'm not real big on Calif law but, he was charged with vehicle manslaughter not vehicular homicide. I belive the difference between the two is in manslaughter he was in the wrong and caused the death to happen where homicide he intended for the death to happen. And driving a boat at .280 is definately being in the wrong. Hitting the other boat, regardless of who did what or turned which way caused the death. That being said, the charge is correct. The question is, will the jury be as sympathetic as this board is to someone making a mistake many of us have made in the past?
 
#58 ·
Isn't it just a whole lot smarter not to drive while you've had 1, 5 10 alcoholic drinks ? with what most people have to loose I just don't see the point, can't those of you that just can't go boating without drinking, simply have a designated driver ??. is everyone that hi and mighty to play russian roulette with everyone elses lives while on the water ???
Sorry don't see the machoness of drinking & driving in this day and age..........way to much to loose !!!!!!
 
#59 · (Edited)
I say we should be more focused on being able to do both Boat/drive drink, responsible that is. I'm tired of not being able to have a drink because I don't know what it will do as far as keeping me under the legal limit.

This is Probably the best 118.00 bucks i ever spent.
 

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#60 ·
RD at it again. RD DO NOT COME WITH IN A MILE OF ME BOATING! WHEN IS EVERYBODY GOING TO GET IT? DO NOT DRINK AND DRIVE PERIOD NOT 1 FUCKING BEER!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! UNTIL THE BOATS ON THE TRAILER !!!!
 
#62 ·
You know what Wayne?

I already realize that you don't think with logic with regards to any of this ***** just pure emotion. So n the past I've always let it go.. but it's been years and your still attacking me. So let me just point something out that YOU OF ALL PEOPLE IN THIS THREAD should know.

If You drive down the wrong side of the river, and you turn the wrong way in front of oncoming traffic, then it's a matter of time before your going to end up dead. The guy you plow into could've had a bloody mary? Or he might not of? If you keep doing it, sooner or later you'll end up dead. Whether or not the guy you plow was drinking or not, is sheer "chance."

If you don't believe that, then I just don't know what to tell ya.

RD
 
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