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boater indicted

Old 10-24-2006, 12:50 PM
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jon t rogers of lexinton sc was charged with reckless homicide & felony dui for a crash of his boat with a pontoon boat on july 30 at 10pm. this is not the first on lake murray but could have very powerful ramifications for boating dui charges. this carries up to 35 yrs in prison & $35,000 fine. that would cut in a lot of fishing and a new boat fund.
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Old 10-24-2006, 12:54 PM
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Good. I hope he gets convicted. The person on the pontoon boat won't be getting a new boat or doing any fishing, ever. I hope he goes bankrupt in the civil suit that's sure to follow.
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Old 10-24-2006, 01:10 PM
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let him rot!!
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Old 10-24-2006, 01:24 PM
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Hold up there. I didn't see anywhere he had been CONVICTED of anything. If you don't need to be convicted, I hope the next time you speed you rot for it.
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Old 10-24-2006, 02:57 PM
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j lanad you are correct he has not had his day in court. i do not believe that a 4 mo investigation by several agencys would not bring a lot of evidence. they went to a grand jury instead of an arrest warrant which is telling in that you have to have a large amount of evidence for that body.
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Old 10-24-2006, 04:58 PM
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Under this country's new rules, you don't have to be convicted of anything to be tossed in jail.

That said, go read my post. Right off, I said "Good. I hope he gets convicted."
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Old 10-24-2006, 08:39 PM
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T3rockhall.....and,,,,what if, when this person has his day in court.......the facts come out to show that he was NOT responsible for this accident? Woudl you still have the same attitude? Would you Steve O?

That said, I am sorry that someone lost his/her life due to an accident. Shouldn't happen to anyone, but it does. However, let's be realistic about this, investigators taking FOUR months to compile evidence,in what , based on the first post,appears to be a cut and dried situation?

If it was so cut and dried, why did it take four months to get a grand jury to hand down an indictment?

Seems to me, there is more here than meets the eye. perhaps an overzealous first officer on scene? A young doctor at the hospital with some doubts about the level of sobrierty, or his responsibility in such a situation?

Let the legal system wend it's way,and then let's see the outcome, after all the facts are made public.

AND if any of you have any doubts,,,,,,,I feel the same way as any decent human being would feel with the loss of a life due to an accident.

But two wrongs do not make one right.
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Old 10-24-2006, 10:05 PM
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Default Re: boater indicted

t3rockhall - 10/24/2006 4:58 PM Under this country's new rules, you don't have to be convicted of anything to be tossed in jail. That said, go read my post. Right off, I said "Good. I hope he gets convicted."
Perhaps you should offer up your house as a place to let all the terrorists stay, that way we wouldn't have to lock them up and offend you for "violating the rights" of people who are trying to kill us, and your house would be full of these kind, loving, people. Just remember, they wouldkill you in a heartbeat if they were given the chance.
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Old 10-25-2006, 12:14 AM
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Default Re: boater indicted

flyau98 - 10/24/2006 10:05 PM



t3rockhall - 10/24/2006 4:58 PM Under this country's new rules, you don't have to be convicted of anything to be tossed in jail. That said, go read my post. Right off, I said "Good. I hope he gets convicted."
Perhaps you should offer up your house as a place to let all the terrorists stay, that way we wouldn't have to lock them up and offend you for "violating the rights" of people who are trying to kill us, and your house would be full of these kind, loving, people. Just remember, they would kill you in a heartbeat if they were given the chance.


Gentlemen, grand juries are often used by prosecutors so that they can avoid charging people when there is thin evidence or where the decision to file charges is politically charged. It's a layer of insulation for the elected officials. That said, yeah, under the law he is presumed innocent until proven guilty. We are not the law. We are just a bunch of folks who don't like drunk boaters.

Also, take note that it is extremely difficult to prove a DUI in a car due to many variables in individuals abilities, behavior, ... In a boat, it's even more difficult due to the fact that you are dealing with an unstable platform and the typical DUI "tests" are rendered almost useless on water.

It could have taken four months if the state it happened in has a law similar to Florida's. In Florida, a prosecutor cannot get blood results from a hospital (assuming our Defendant was hospitalized as result of the accident) without giving a certain time written notice to the person whose records are being sought.

So, nobody, on either side of the aisle should jump to conclusions. But, if the SOB was drunk, then let him rot.
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Old 10-25-2006, 11:21 AM
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I won't argue what the punishment should be if he was drunk. I just don't like people saying "let him rot" when they don't have all the facts. It is well known in legal circles that a DA can "get a ham sandwich indicted" before a grand jury. One just needs to know how the Grand Jury system works: The DA presents evidence and witnesses he chooses> There is not rebuttal from anyone for the defense, and while Grand Juries have the right to call witnesses themselves, they very rarely do so. They simply go on what the DA presents.
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Old 10-25-2006, 11:28 AM
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if he is convicted no time will bring back the one thats dead.but let him rot
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Old 10-25-2006, 11:33 AM
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there are extenuating circumstances even involved in DUI or BUI,,,,,if
the accident was the result of wrongdoing i.e. speeding in no wake area..
or reckless operation...negligent actions etc and DUI the case would be cut and dry.
BUT if the "sober" person was speeding..or boating negligently he would also be
negligent to some extent even though the other boater may have been drinking or drugging. This is no defense of BUI but hell you don't have to be drunk to cause
horrible accidents......I've gotten out of the way of several "sober boaters" in the past .
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Old 10-25-2006, 11:44 AM
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IF he's convicted, proven quilty, I hope he ROTS...but like the others it hasn't been proven YET...if he's not proven guilty, I hope the prosecutor is dragged behind a boat from Spence Island to Blacks Bridge...
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Old 10-25-2006, 12:31 PM
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flyau98, you have to be crazy to not want the right of habius corpus. you probably don't realize that you can now be picked up in the "night and fog" and held forever with no charges brought against you. when will people start to see that the nazis did the same thing to political, gipsies, slavs, poles, jews and anyone that they did not like. as of now we americans have no idea when we will be picked up and for what we will be picked up for. torture? ok. false imprisonment? ok. people have to quite being afraid of the boggy man. ben franklin said it best "those of us who give up liberty for security are sure to lose both".


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Old 10-25-2006, 01:14 PM
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Isn't it amazing how the media makes the US population turn towards guilty till proven innocent! I thought the real intention was innocent till proven guilty! How naive if me!
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Old 10-25-2006, 01:49 PM
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KevinM - 10/25/2006 1:14 PM

Isn't it amazing how the media makes the US population turn towards guilty till proven innocent! I thought the real intention was innocent till proven guilty! How naive if me!

its also the anonomous nature of the internet......guarantee if any of the
"let em rot" screamers saw this person face to face to hear his side of the story
there would not be the lynchmob mentality we see in the press....... but like
others have said if he was blind wasted and caused the whole thing justice
should be served.
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Old 10-25-2006, 02:37 PM
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Does anyone have the full story? What was the condition of the pontoon? Was it underway or anchored? Were they using the propper nav lighting. Being sober doesn't mean you have night vision. A lot of things are different when you are on the water at night. I am not trying to say that the guy isn't guilty. Have no idea wether he was drunk or not. I don't know the guy's experience on the water or his ability to opperate his boat. This whole thing sounds like a M.A.D.D whitch hunt without all the facts.
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Old 10-25-2006, 02:50 PM
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Hey I watch Law an Order and.....

I think the thing at issue here is the gravity of the charge homicide versus manslaughter associated with dui/bui which would make a potential M.A.D.D. witch hunt even more scary.
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Old 10-25-2006, 03:37 PM
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You are not going to see SC press manslaughter charges for a death resulting from DUI or BUI. The whole reason they have the reckless homicide law is to go after drunks that kill and maim people. Manslaughter penalties are often worse than SC's reckless homicide penalties.

In other words, they don't exactly strap you into Old Sparky at CCI for reckless homicide convictions. It is a felony. But the penalty minimum is a five year loss of license and a $1000 fine with no jail time up to a maximum $5000 fine and/or 10 years in jail. Pretty light stuff for killing somebody while doing something both illegal and stupid.

SECTION 56-5-2910. Reckless homicide; penalties; revocation of driver's license; reinstatement of license; conditions; consequences for subsequent violations.

(A) When the death of a person ensues within three years as a proximate result of injury received by the driving of a vehicle in reckless disregard of the safety of others, the person operating the vehicle is guilty of reckless homicide. A person who is convicted of, pleads guilty to, or pleads nolo contendere to reckless homicide is guilty of a felony and must be fined not less than one thousand dollars nor more than five thousand dollars or imprisoned not more than ten years, or both. The Department of Motor Vehicles must revoke for five years the driver's license of a person convicted of reckless homicide.

(B) After one year from the date of revocation, the person whose driver's license has been revoked for five years pursuant to Subsection (A) may petition the circuit court in the county of his residence for reinstatement of his driver's license. He shall serve a copy of the petition upon the solicitor of the county and shall notify the representative of the victim of the reckless homicide of his intent to seek reinstatement of his driver's license. The solicitor or his designee within thirty days may respond to the petition and demand a hearing on the merits of the petition. If the solicitor or his designee does not demand a hearing, the circuit court shall consider any affidavit submitted by the petitioner and the solicitor or his designee when determining whether the conditions required for driving privilege reinstatement have been met by the petitioner. The court may order the reinstatement of the person's driver's license upon the following conditions:

(1) intoxicating alcohol, beer, wine, drugs or narcotics were not involved in the vehicular accident which resulted in the reckless homicide conviction or plea;

(2) the petitioner has served his term of imprisonment or paid his fine, assessment and restitution in full, or both; and

(3) the person's overall driving record, attitude, habits, character, and driving ability would make it safe to reinstate the privilege of operating a motor vehicle.

The circuit court may order the reinstatement of the driver's license before the completion of the full five-year revocation period or the judge may order the granting of a provisional license for the remainder of the five-year period to allow the person to drive to and from employment or school or the judge may place other restrictions on the driver's license reinstatement. The order of the judge must be transmitted to the Department of Motor Vehicles within ten days.

(C) If the person's privilege to operate a motor vehicle is reinstated pursuant to subsection (B), a subsequent violation of the motor vehicle laws for any moving violation requires the automatic cancellation of the person's driver's license and imposition of the full period of revocation for the reckless homicide violation.
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Old 10-25-2006, 04:38 PM
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We don't know what "evidence" the police/DA have in this case. There have been cases in the past, where it seemed cut and dry in a criminal case with on the water deaths, but the police/DA have lost. But often the civil case seems to prevail--and if that is so in this case, the boater's life may be greatly impacted--but never as much as those who died. Certainly something to think about for all of us when we go upon the water.
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