I knew you wouldn't answer. Thanks for proving my point.

Dictated closing arguments by reporter MaryAnn Spoto:

http://connect.nj.com/user/mspoto/index.html



.

As for your "stashing the boat" comment :

Mr. Tacopina describing how carefree and brazen prosecutors are making DiGilio out to be by keeping his boat on a lift on the river overnight

This lift being out on the same river the accident occurred...
If that that is what you call stashing a boat .....

As I said, I don''t see what the prop has to do with anything.

Apparently the bow light is the subject of the case.
That I have shown through my images the light was in the up position when the boat was taken in custody. 3 weeks later the light was in the down position. Obviously the evidence had been altered within those 3 weeks while impounded. Intentional or not, still noticeably changed in favor of the State's case.

For what its worth, I was on the beach that night as our club had an event there. We are pretty sure that that was the boat that went out and in the inlet later. While I could not swear to it I think the lights were on, but it was also about 5 hours before the crash so who knows. I will say this it was extremely dark that night, I mean really dark neither of them should have been out there. And for that alone they are both at fault, I also can not believe that no one on the whaler heard this boat coming. I guess we will find out next week.

We don't know what time it was pulled from the lift, and if it was during the pre dawn hours. It's possible it was raised into the up position, when moving it from the lift to the trailer. Also even possible they raised it in the garage after spending 3 Hrs consulting with their boating expert lawyer.

goat, are you okay in the head ?

he acted in a criminally reckless manner, and there's LAWS against operating a boat in a reckless manners.
its not complicated to read what happened and clearly see that.
whether he was the stand-on vessel or not ALL boater's have a responsibility to avoid collision.

It already was in the upright position:

Security Cam Video Proves Boat's Bow Light Was On CLICK HERE TO READ STORY



.

State Police searching for a hit-and-run boater from an accident that killed an Essex Fells man over the weekend Sunday zeroed in on a damaged 27-foot speed boat found at a Brick Township residence Monday.

Investigators seized the Imperial speed boat from the house's garage after the owner contacted police through his lawyer, said State Police Sgt. Julian Castellanos.


Vehicular homicide — Penalty.

(1) When the death of any person ensues within three years as a proximate result of injury proximately caused by the driving of any vehicle by any person, the driver is guilty of vehicular homicide if the driver was operating a motor vehicle:

(a) While under the influence of intoxicating liquor or any drug, as defined by RCW 46.61.502; or

(b) In a reckless manner; or

(c) With disregard for the safety of others.

(2) Vehicular homicide is a class A felony punishable under chapter 9A.20 RCW, except that, for a conviction under subsection (1)(a) of this section, an additional two years shall be added to the sentence for each prior offense as defined in RCW 46.61.5055.

Dave, you are making my point again. Thanks.

Recklessness (however it is defined) was not the charge. The charge was Homicide & Assault.

You know, and I know, and everybody else knows the crash should not have happened, and (pretty obviously) both parties were not nearly as attentive as they should have been.

OK ... now prove that. 'Knowing' is not enough, and both facts and law are not on Prosecution's side.

This was a case that should not have passed the 'evaluation' meetings. Personally, I think they overcharged him on purpose, desperately hoping for him to roll-over to some serious misdemeanor.

Accident happen, and rarely is one person subject to criminal standard of blame. The proper forum for this is Civil, a suit for money damages by Mrs Post & sons v. DeGilio for Wrongful Death.

Whatever it is, NJ laws not COLREGS (plus Jones Act, plus treaties, plus, plus ...) do not support the egregious overcharging.

Do you really want to boat in Ocean Co, NJ and subject yourself to Madam Prosecutrix's whims?

Oh yeah, and BTW, I'm a banker and in a past life, I knew (and liked) Post. and 2 makes 4.


Bob

The nay Sayers posting on this thread must be addressed. You immediately place blame on the accused without knowing all of the facts. Frankly it makes me sick. DonziZx and company post hypotheticals which they have or will have no evidence to support thereof.

I take it that most if not all of us are performance boaters, a common denominator. The powers to be have been trying to regulate speed on the barnegat bays for some time now. What a great way to help push through regulation by convicting one of us on this forum unjustly. Yea specifically you DonziZx and others. Shut your pie hole unless you have facts to post!