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LOTO MSWP Man Overboard Drowning

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Old 06-05-2014, 06:16 AM
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Slurred speech and Bloodshot eyes- That's ALL the PoPo have to say and you are Public Drunk- No way to win- No right to BAC test. Go to jail, and PAY UP Sucka!
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Old 06-05-2014, 08:14 AM
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Originally Posted by mpally
Please explain how you know the officer did not put the life jacket or handcuffs on correctly. You also state you "guess" he slid the life jacket over his arms while cuffed. Basically you are saying you have no idea what the officer did or didn't do, however, you feel comfortable giving your opinion. How much time do you spend on LOTO? The problem I have with many of these posts is that most of you where not even in the state much less a witness to the incident. How can you possibly provide an opinion as to what went wrong or should have been done? You are making assumptions which can get you in trouble. How about we wait to point fingers and suggest what should be done until more FACTS come out.

Uhhhh, fact, the mo wp uses type 3 life jackets. This was also reported in the news that it was a type 3 life jacket. Type 3 are the ones with arm holes. They used to use the $6 orange ones but now they use type three. If his arms were through the arm holes and his hands were cuffed it would be impossible for that jacket to come completely off. Slide up maybe, completely off impossible. So fact, it is inherently obvious to even the most casual observer that the life jacket could not have been properly on him.

I spend most of my time at loto and I have seen people on the ride of shame with the jacket over them and not on right. I was in the gravois about 30 mins before this coming back from Jolly Rodgers. The water wasn't too rough but there were occasional big waves that bounced the 42' boat we were in pretty good.
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Old 06-05-2014, 08:55 AM
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Originally Posted by mpally
How about we wait to point fingers and suggest what should be done until more FACTS come out.
I doubt the facts will come out anytime soon.
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Old 06-05-2014, 09:19 AM
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I've been arrested for DWI several times, all before age 30. Not all stuck. I ended up quitting drinking 23 years ago and now I guess I am kind of a "reformed whore". I tell all of you one thing certain. I've had MUCH MORE FUN as a sober boater every single time out than I ever did while drinking. The primary reason is I remember everything. Including all the beautiful girls on mine and others boats with and without clothes. All the great boat rides, jumps, on the spot races, everything. Yes and EVERY one of those times in the ol' stabbin' cabin start to finish. Sorry for the brief hijack but please all reconsider the "need" to drink while out on our boats. This very, very unfortunate incident was preventable a number of ways. But don't get me wrong: The WP were RESPONSIBLE for the detainee's safety. And they failed him. RIP.
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Old 06-05-2014, 11:09 AM
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Originally Posted by clovins
Is there anyway that the WP could have possibly down anything wrong? Shouldn't the WP know how to put a life jacket on properly since they are responsible for "safety" on the water?
Just a thought for everyone. The officers involved would only be negligent if they didn't follow the department's standard procedures. Whether the PFD was on this way or that, if the officer(s) followed department procedure, then they are in the clear. This would then revolve around procedure and whether or not their procedures need to be modified. I can think of at least a couple dozen scenarios of what could've happened and what the procedures might be. But none of that matters until people have to testify under oath. Then, hopefully, the facts come out and everyone can address how best to prevent this from happening again.
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Old 06-05-2014, 11:37 AM
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I'm sure there are alot of people who wish they could turn back the clock that day....from the man in custody (rip) to the deputy on duty to the friends the deceased was partying with to the parents and so many others. When you least expect it the most unthinkable things can happen on the water! This entire incident is sad, bad and has changed, for the worse, the lives of everyone involved. Whether or not the life jack was put on correctly, I'm sure the deputy had no idea the guy was going to go overboard and I'm sure he feels horrible about what happened. I enjoy my performance boating to the extreme..but I don't condone getting intoxicated while on the water..as a driver or passenger. I've learned from the past about having drunk passengers on board and how dangerous they made it to dock or maneuver the boat while under way. I save my drinking til the boat is back on the trailer or at the dock.
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Old 06-05-2014, 12:20 PM
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Originally Posted by Pilotpete
Just a thought for everyone. The officers involved would only be negligent if they didn't follow the department's standard procedures. Whether the PFD was on this way or that, if the officer(s) followed department procedure, then they are in the clear. This would then revolve around procedure and whether or not their procedures need to be modified. I can think of at least a couple dozen scenarios of what could've happened and what the procedures might be. But none of that matters until people have to testify under oath. Then, hopefully, the facts come out and everyone can address how best to prevent this from happening again.
I think you may find that the PFD Manufacturer's instruction for use may trump the police dept policy. As in, if the mfgr's instructions for use are not followed, then the user (police in this case) assumes ALL responsibility when the PFD does not perform as intended. Thus, police will either have to state that the device was being used as a restraint (in which case they didn't provide due care to insure the arrested safety) or that it was being used for it's intended purpose as a Personal Flotation Device, where it may not have been worn correctly. If it is stated as the latter, I'm betting they will need to prove that it was put on the arrested per mfgr's directions.
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Old 06-05-2014, 12:33 PM
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As stated in my original post, this story caught my attention from the standpoint of a Type 3 life jacket and a person going overboard at speed (what speed I do not know). Until we know otherwise, I assume the jacket was properly secured. I see a lot of foks on poker runs wearing Type 3 jackets. If it is determined the jacket was properly secured, I would think the offshore community would be interested in what failed and why. I agree it seems impossible for the jacket to come off with your hands handcuffed but stranger things have happened. For example, did something fail (buckles, straps, material at shoulders, etc.) when the person struck the water allowing the jacket to be pulled free?
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Old 06-05-2014, 12:44 PM
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Originally Posted by Waterdogs
I graduated high school in NJ when the drinking age was 18. I was going to the city with some friends for fun, exited the train in West Orange for drinks and missed the last train to the city. The police drove us from city limit to city limit, taking us back to Summit. This was when police were looking for the bad guy, not young adults out having a good time. It made a lasting impression in my life regarding police and how they were there to help me. Today, I do not understand how a can blowing out the back of a boat results in a young man losing his life. Take this story as you will.
The police today have fostered an "Us against Them" environment. They are no longer here to "Protect & Serve" but rather to build revenues for their departments. I failed a field sobriety test, about shortly after tearing my ACL in my right knee for the second time. I was heading for the ER, and was probably going 10 mph over the posted limit. As much as I tried to explain to the officer that I really didn't think I should do the test, he wouldn't hear it. He claimed that he had pulled me over for speeding, but then "smelled something on my breath" What he smelled was a Hall Mentholyptus Cough Drop. I could barely walk, so I asked the officer to write a statement that he and the sheriffs dept would assume all liability for any further injury to my knee, which he refused to do. So, I tried to perform the field sobriety tests the best I could. The only parts I had issue with involved walking. I performed all others fine. The officer then proceeded to give me a PBAC at the roadside, which showed 0.00 He made me do this 3 times, then decided that PBAC unit was not operating correctly and called for another unit, who amazingly enough got pretty much the same result. Only difference was the other deputy asked why my knee was so swollen and why I was sweating so badly. I explained having just torn my ACL (for the second time) and that I was truing to get to the ER. I was not arrested for DUI, since I was not under the influence of anything other than a Hall's Cough Drop. I was however detained at the roadside for roughly 1 1/2 hours, forced into the back of a crown vic cruiser (having to bend a knee that was already killing me) and given a ticket for 10 over, but certainly was not offered any help to see that I got to the ER... I have no use for the police since. I have too many times seen the cops coming out of the local FOP hall completely trashed, and get in their car and drive away. I will never trust a cop
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Old 06-05-2014, 12:48 PM
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Originally Posted by mpally
Please explain how you know the officer did not put the life jacket or handcuffs on correctly. You also state you "guess" he slid the life jacket over his arms while cuffed. Basically you are saying you have no idea what the officer did or didn't do, however, you feel comfortable giving your opinion. How much time do you spend on LOTO? The problem I have with many of these posts is that most of you where not even in the state much less a witness to the incident. How can you possibly provide an opinion as to what went wrong or should have been done? You are making assumptions which can get you in trouble. How about we wait to point fingers and suggest what should be done until more FACTS come out.
Go put a type 3 jacket on, then have someone handcuff you and get out of the life jacket. Let me know how it works out.
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