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No Criminal Charges in Fatal Swamp Tour
By JANET McCONNAUGHEY
09.06.07
NEW ORLEANS - Federal prosecutors are no longer considering criminal charges against the operators of an airboat that overturned in 2004, killing two of the 16 passengers and injuring 10 others and the captain.
The Coast Guard is still considering administrative charges in the Louisiana Swamp Tours accident, Lt. Cmdr. Cheri Ben-Iesau, spokeswoman for the Coast Guard's Marine Safety Office in New Orleans, said Thursday.
Both victims and most of the survivors on the boat when it overturned Oct. 2, 2004, were from California.
The Swamp King, one of four 16-passenger airboats owned by Louisiana Swamp Tours, flipped in about 3 feet of water. The boats have "stadium seating" so people in the rear can see as easily as those in front, according to the company's Web site.
"Having dissected and obtained as much information as we could," federal prosecutors decided against criminal prosecution and sent the files to the Jefferson Parish district attorney, U.S. Attorney Jim Letten said.
Steve Wimberley, first assistant district attorney in Jefferson Parish, did not immediately return a call for comment.
Ben-Iesau said the files were returned to her office a couple of weeks ago, and the Coast Guard probably will decide within a month whether to take administrative action.
That can range from a warning letter that does not become part of the company owner's or tour boat captain's record to a hearing about whether the Coast Guard should pull his or her license.
"There are only five things we can charge mariners with: Use of a dangerous drug, negligence, misconduct, incompetence and violation of a law or regulation," she said. "We're looking into a number of those in this case. But it's a long process. There have been a lot of hurdles in this one."
The company's Web site still advertises airboat tours as "A 1 hour 40 minutes thrill ride! This Airboat Adventure is half High Speed ride and half tour. You will travel at speeds of up to 40 mph."
Eight of the passengers on the boat when it overturned had boarded as part of a birthday party. They included one of the two who died - Daniele Nanna, a 31-year-old man from Newport Beach. The other victim was Wanju Tsai Woo, a 50-year-old woman from the San Francisco area.
All 16 were buckled into their seats and had to struggle to free themselves or be cut free when the boat overturned about 22 miles south of New Orleans.
Louisiana Swamp Tours settled a lawsuit filed by the passengers and their families in July 2006. Court records did not describe settlement terms.
Copyright 2007 Associated Press. All rights reserved. This material may not be published broadcast, rewritten, or redistributed
No Criminal Charges in Fatal Swamp Tour
By JANET McCONNAUGHEY
09.06.07
NEW ORLEANS - Federal prosecutors are no longer considering criminal charges against the operators of an airboat that overturned in 2004, killing two of the 16 passengers and injuring 10 others and the captain.
The Coast Guard is still considering administrative charges in the Louisiana Swamp Tours accident, Lt. Cmdr. Cheri Ben-Iesau, spokeswoman for the Coast Guard's Marine Safety Office in New Orleans, said Thursday.
Both victims and most of the survivors on the boat when it overturned Oct. 2, 2004, were from California.
The Swamp King, one of four 16-passenger airboats owned by Louisiana Swamp Tours, flipped in about 3 feet of water. The boats have "stadium seating" so people in the rear can see as easily as those in front, according to the company's Web site.
"Having dissected and obtained as much information as we could," federal prosecutors decided against criminal prosecution and sent the files to the Jefferson Parish district attorney, U.S. Attorney Jim Letten said.
Steve Wimberley, first assistant district attorney in Jefferson Parish, did not immediately return a call for comment.
Ben-Iesau said the files were returned to her office a couple of weeks ago, and the Coast Guard probably will decide within a month whether to take administrative action.
That can range from a warning letter that does not become part of the company owner's or tour boat captain's record to a hearing about whether the Coast Guard should pull his or her license.
"There are only five things we can charge mariners with: Use of a dangerous drug, negligence, misconduct, incompetence and violation of a law or regulation," she said. "We're looking into a number of those in this case. But it's a long process. There have been a lot of hurdles in this one."
The company's Web site still advertises airboat tours as "A 1 hour 40 minutes thrill ride! This Airboat Adventure is half High Speed ride and half tour. You will travel at speeds of up to 40 mph."
Eight of the passengers on the boat when it overturned had boarded as part of a birthday party. They included one of the two who died - Daniele Nanna, a 31-year-old man from Newport Beach. The other victim was Wanju Tsai Woo, a 50-year-old woman from the San Francisco area.
All 16 were buckled into their seats and had to struggle to free themselves or be cut free when the boat overturned about 22 miles south of New Orleans.
Louisiana Swamp Tours settled a lawsuit filed by the passengers and their families in July 2006. Court records did not describe settlement terms.
Copyright 2007 Associated Press. All rights reserved. This material may not be published broadcast, rewritten, or redistributed
