A
Anonymous
Guest
October 28, 2004
Airboater exonerated in fatal crash
By STEVEN N. LEVINE
WINTER HAVEN, FL - An airboat pilot accused of faulty operation of his craft resulting in last year's death of Winter Haven environmentalist Richard Coleman was exonerated Monday in Osceola County Court.
Jurors deliberated for an hour before unanimously finding Floyd A. Tucker innocent of three waterways navigation charges related to Coleman's accidental death on the Dead River in July 2003. Three passengers on Coleman's craft were also injured.
Coleman, 59, a Winter Haven resident widely-known for his lobbying on behalf of the Upper Kissimmee River, collided head-on into Tucker on July 18, 2003, as both boats navigated the twisting, weed-choked channel. He served two terms as Florida Sierra Club chairman.
Osceola sheriff's deputies charged Tucker with failure to set an adequate look-out, failure to stay to the right of the channel and speed too fast for conditions, all misdemeanors, said Danielle Tavernier, Ninth Judicial District State Attorney's Office spokeswoman. Tucker, who was uninjured in the crash, reportedly rescued one of Coleman's passengers who was thrown into the water by the crash.
Winter Haven defense attorney Douglas Lockwood offered physical evidence including damage to Tucker's craft and weeds along the right-side bank as proof that he had taken all steps to evade the collision.
Attorneys and County Judge John B. Morgan dug into legal antiquity to examine the law involving inland navigation between ship captains. Some legal principles were drawn from late 19th century federal civil court suits involving steamships on the St. Lawrence Seaway, Lockwood said.
One legal point that could impact modern boaters is the precedent that "one vessel owner is not required to assume that another vessel is not following navigation law" along the river's blind curves. Lockwood claims that Coleman's craft was on the wrong side of channel while cutting a corner.
"Honestly in this case, I think the system worked out very well," Lockwood said. "It was just a tragic accident."
No civil suits have been filed in the case as yet, he said. Coleman's daughter, Rachelle Selser, could not be reached Wednesday afternoon.
Bryan Saterbo, Colorado Boxed Beef co-owner, praised the jury's verdict on behalf of his warehouse manager. Saterbo suspected that Coleman's notoriety may have caused sheriff's investigators to bring the charges.
WaterLizard 8)
Airboater exonerated in fatal crash
By STEVEN N. LEVINE
WINTER HAVEN, FL - An airboat pilot accused of faulty operation of his craft resulting in last year's death of Winter Haven environmentalist Richard Coleman was exonerated Monday in Osceola County Court.
Jurors deliberated for an hour before unanimously finding Floyd A. Tucker innocent of three waterways navigation charges related to Coleman's accidental death on the Dead River in July 2003. Three passengers on Coleman's craft were also injured.
Coleman, 59, a Winter Haven resident widely-known for his lobbying on behalf of the Upper Kissimmee River, collided head-on into Tucker on July 18, 2003, as both boats navigated the twisting, weed-choked channel. He served two terms as Florida Sierra Club chairman.
Osceola sheriff's deputies charged Tucker with failure to set an adequate look-out, failure to stay to the right of the channel and speed too fast for conditions, all misdemeanors, said Danielle Tavernier, Ninth Judicial District State Attorney's Office spokeswoman. Tucker, who was uninjured in the crash, reportedly rescued one of Coleman's passengers who was thrown into the water by the crash.
Winter Haven defense attorney Douglas Lockwood offered physical evidence including damage to Tucker's craft and weeds along the right-side bank as proof that he had taken all steps to evade the collision.
Attorneys and County Judge John B. Morgan dug into legal antiquity to examine the law involving inland navigation between ship captains. Some legal principles were drawn from late 19th century federal civil court suits involving steamships on the St. Lawrence Seaway, Lockwood said.
One legal point that could impact modern boaters is the precedent that "one vessel owner is not required to assume that another vessel is not following navigation law" along the river's blind curves. Lockwood claims that Coleman's craft was on the wrong side of channel while cutting a corner.
"Honestly in this case, I think the system worked out very well," Lockwood said. "It was just a tragic accident."
No civil suits have been filed in the case as yet, he said. Coleman's daughter, Rachelle Selser, could not be reached Wednesday afternoon.
Bryan Saterbo, Colorado Boxed Beef co-owner, praised the jury's verdict on behalf of his warehouse manager. Saterbo suspected that Coleman's notoriety may have caused sheriff's investigators to bring the charges.
WaterLizard 8)