As reported by CBS, KTLA, MSNBC and several other new sources, the San Diego based arm of the US Coast Guard has filed criminal charges against 4 of their own members due to a boating accident that tragically ended the life of 8-year-old Anthony Cole DeWeese of Rancho Penasquitos.
The charges were announced after Rear Admiral Joseph Castillo, commander of the 11th Coast Guard District, led an investigation.
During San Diego Bay's annual Christmas parade of decorated boats on December 20, 2009, witnesses saw the Coast Guard's 33-foot boat speed upwards between 35-45 miles per hour, and then collide with the fully manned 26-foot pleasure boat. Neither boat was part of the parade, the Coast Guard vessel was responding to a grounded vessel report.
In pursuing the grounded vessel at this rate of speed, not unlike a fire truck with lights and sirens blaring - sometimes forced to maneuver on the wrong side of the road - the greatest of care must be taken. But that's their job; to abate tragic personal injury, not to be the cause of it. How dire was the situation of the grounded boat? Was it necessary or excessive to speed? The repercussions, and the examination of the incident, fall heavily against the Coast Guard family as well as the DeWeese family.
Alan DeWeese reported that the family had just finished watching a fireworks display when he heard the sudden roar of an engine behind him. An unmistakable sound, not to be confused with the pops and bangs of fireworks. It was too late to dodge the Coast Guards bearing down on the smaller boat as the speed was too great. As was the subsequent cost to all involved.
Besides the death of the young child, five other crew members were injured. There were a total of 3 families in the pleasure boat that night. Injury could have been greater; the chances of further fatalities more than a possibility. The charges of personal injury multiplied.
The expected court martial of the four petty officers specifically answers charges of involuntary manslaughter, negligent homicide and dereliction of duty under a military process called an Article 32 investigation. Some charges may also be punishable in prison, if convicted, with 5 to 10 year sentences.
Manslaughter, negligence and dereliction were not words the DeWeese family was familiar with.
The officers charged were Petty Officer and boat coxswain Paul A. Ramos, Petty Officer Ian M. Howell, Petty Officer Brittany N. Rasmussen and Petty Officer Lavelle M. Teague.
Attorney for the DeWeese family, Mike Neill, trusted the coast guard to run a "professional investigation".
Having the Coast Guard in this position is awkward, at best. At worse, the DeWeese family doesn't have Anthony and all of the holiday parades, passing by, at a much slower speed.
For more information about criminal law or to file a criminal lawsuit, click here to find a criminal attorney near you.
