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IRRESPONSIBLE KITER 8-15-2013
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anderson



Joined: 16 Apr 2009
Posts: 8

PostPosted: Fri Aug 16, 2013 9:05 pm    Post subject: Reply with quote

Wow, you guys do pontificate - makes for awesome entertainment when you don't have cable....Bottom line, if you hit someone, stop and make sure they are OK and then pay for what you broke. That is only right.

On another note, the Event Site should be marked as DOUBLE BLACK DIAMOND on all Gorge guides.. The Wall (currently only Double Black D) is easy-peasy, everyone there can sail and sail well, kite or board - there is rarely a chance of getting hit.

The Event Site (in my opinion), is probably the riskiest place to sail in the Gorge. And yes, I live here from Spring to Fall and sail a number of spots. This is due to new kiters, old kiters, new and old slalom sailers, lawnmowers, EEEEK. Be super careful and uber aware if you're gonna sail in this popular spot.
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johnl



Joined: 05 Jun 1994
Posts: 1171
Location: Hood River OR

PostPosted: Fri Aug 16, 2013 9:53 pm    Post subject: Reply with quote

Actually since it is actually a BOATING accident (remember both windsurfers and kiters are VESSELS under the law) you would have to look up the crimes for what happens when two vessels collide and one flees the scene without offering aid to the other who suffered damage and injuries. Civil yes, but I'm not so sure about the criminal without doing a LOT of research on Marine Law.....
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isobars



Joined: 12 Dec 1999
Posts: 14190

PostPosted: Sat Aug 17, 2013 9:49 am    Post subject: Reply with quote

Not so much, unless one is actually building a case. It took me a few keystrokes to find "Oregon law, just for starters: Leaving a boat accident scene before performing operator's duties is a Class C felony punishable by five years in jail and/or a $100,000 fine."

And that presumes "accident"; it doesn't even address RE (hucking into a crowd, the Dangler) or ADW (Benito and the kiter I watched trying to hit WSers at Rufus).
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summertime



Joined: 16 Jun 2006
Posts: 64

PostPosted: Sun Aug 18, 2013 12:09 am    Post subject: Reply with quote

I agree w isobars. Those type of people are only constrained by the fear of repurcussions. Their ego is too astray to care if they hurt someone. They will only think twice if they know someone may press charges and they will have to pay- monetarily or prison time. Sadly, what this incident tells me is that I will stay away from areas where kiters are but no spectators. It's a shame it was not where spectators are so someone likely could ID the sail at least.
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justall



Joined: 30 Jul 2007
Posts: 216

PostPosted: Sun Aug 18, 2013 3:30 pm    Post subject: Reply with quote

Frustrating to hear about this. It's one thing to have a preventable accident, but it is worse to hear someone again not taking responsibility for his/her actions. I hope someone helps ID the perp, per your post here.

I always wonder if earlier in the session it was obvious that the perp was out of control, and that an earlier stern talking-to might help to some degree. Maybe we need forum-sanctioned alpha sailers, who we give a star to put on their sails, as safety officers. It is human nature for many folks to remain silent when they see recklessnes, but they are more likely to mention issues to someone who could help ... Kinda like a sailor's ski patrol to do the communication or rally everyone on the water for an "intervention".
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stuartwatson



Joined: 15 Apr 2001
Posts: 10

PostPosted: Mon Aug 19, 2013 12:06 am    Post subject: Bad air, ownership and fouls Reply with quote

Several friends have asked if I was the "swatson" who posted about the errant kiter. Sorry, not I. Perhaps Steve Watson, who leaves the water only to ... well, too much info if I go further (not to shave, however). In any case, sorry to hear of the incident. A classic example of one bad egg fouling the omelette. Would love to see this cretin dragged to shore, and held accountable. That said, let's all cheer "swatson" for his assist, and, based on a note to me, ben bonham (and perhaps others). And remember that this is not the norm, and that there are cretin sailors, too. I've seen numerous incidents over the years of kiters rescuing windsurfers in distress, and doing a better job of it than I could on less wieldy gear. These samaritans left me feeling like I should take up kiting, if only to help rescue distressed windsurfing mates. But then I remembered why I started sailing in the first place, and that was that. Isobars offers good legal context. Now all we need is witness IDs, and "dave" to file a complaint, assuming he's able after the encounter (and didn't have his bell rung to the tune of memory loss). Oh, yeah, final word: Wear a helmet. Why? It makes you look cool. Like me. Or is that "old," also like me? Whatever.
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Bugaboo



Joined: 06 May 2002
Posts: 50

PostPosted: Mon Aug 19, 2013 1:20 pm    Post subject: Reply with quote

isobars wrote:
Call BS all you want to, Bugboy, but there are obviously a few things and events in this world even you do not know.

Anne Peacock and her fellow victim sued and won against the idiot who drylauched into them at Rufus. He was ordered to pay their legal and medical bills.

The Sheriff who chewed my ass out for five minutes because my tires chirped as they sideslipped a few inches when I took a right turn at 20 in a 40 zone specifically stated he would arrest me for RE (the only other human within 300 yards was him, and he was driving away from me) if he weren't on his way to an active home invasion. I had to remind the idiot that the homeowner's life might be in danger.

Oregon law, just for starters: Leaving a boat (the word "boat" is debatable, of course) accident scene before performing operator's duties is a Class C felony punishable by five years in jail and/or a $100,000 fine.

9A.36.050: Reckless endangerment.
(1) A person is guilty of reckless endangerment when he or she recklessly engages in conduct ... that creates a substantial risk of death or serious physical injury to another person.
(2) Reckless endangerment is a gross misdemeanor.

It gets even worse when an object with the potential to gravely injure, such as a kiteboard ... is involved.

And there's much more where that came from, if I cared to look again, and I haven't even begun, this time, looking into maritime law.

Then there's civil court.

If courts will not prosecute reckless actions that endanger bystanders, our alternatives are obvious. That's probably why a sheriff's deputy suggested that I put my neighbor in the hospital, then call the sheriff's office, next time that neighbor throws a rock towards my wife.


Is-a-bore,

There are some things I definitely do not know about, unlike you, but I know bull shit when I see it.

First, court records are accessible to all who want to see them. Nobody named Ann Peacock, or any variation of that name, ever sued anybody for personal injuries in Oregon. So, with regard to that one point, it’s BS.

Second, if she did sue anybody for personal injuries, her legal bills would not have been recoverable unless the total claim was less than $10,000. So far, you are batting .1000 on the BS scale.

Third, your “I almost got arrested” story is getting more moronic by the second. So let me get this straight: The story now is that you were doing 20 in a 40 and were “threatened” with arrest for reckless endangerment? Yeah right. Unless you came across a cop that is dumber than a box of rocks, it’s BS. If you actually perceived any such comments as having any validity, you are dumber than a box of rocks. At this point, you are into extra credit BS.

Fourth, the boating laws have no application to what happened. There is no legal basis to make that conclusion. If your take is that the boating laws do apply, and by extension that kite boy is subject to felony prosecution because he ditched, that’s BS.

Fifth, as I noted previously, none of the states (certainly not Washington or Oregon) treat RE as a felony. Your comments about fines and prison = BS. I am familiar with the RE statutes and encourage you to point out how any of my prior comments about the statute might be off in even the slightest way.

Sixth, “reckless” has a distinct legal meaning under the criminal statutes. It is not defined by what you think it is. Conduct is not deemed criminal because you claim that the “potential to gravely injure” exists. You know little of what you speak.

Seventh, if there really is more of this where your first few piles of incorrect info comes from, please share. Your treatise on Martime Law will undoubtedly be as fun as a barrel of monekys!

Last, but not least, your comment that some cop told you to put somebody in the hospital is 100% pure and unadulterated BS.
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SamD0g



Joined: 10 Aug 2002
Posts: 71
Location: Hood River, OR

PostPosted: Mon Aug 19, 2013 2:05 pm    Post subject: Reply with quote

I will be interested to learn the outcome. Yes, Dave, do report this to the poliice. Washington and Oregon, just to be on the safe side.
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windanceshop1



Joined: 21 Feb 2000
Posts: 53

PostPosted: Mon Aug 19, 2013 3:17 pm    Post subject: Reply with quote

Sorry for Dave. We are also hoping the kiter shows up and apologizes.
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isobars



Joined: 12 Dec 1999
Posts: 14190

PostPosted: Mon Aug 19, 2013 5:14 pm    Post subject: Reply with quote

Hey, bug --

I could have Ann's last name wrong. I've known her for 20 years, but only by Ann. The last name was hearsay from a mutual friend. The case was widely known, Ann and I have discussed it several times, and I don't know the monetary amount of her claim. I apologize for knowing something you don't.

Reread what I posted. The boating law classification is a gross misdemeanor, not a felony.

Your calling BS doesn't change one basic fact: I do not lie. That makes much of the rest of your post BS and makes you sound like a lawyer ... and not in a complimentary way.

Where did I say I believed an RE charge against me would stand up in court? My "Yes, sir, Yes Sir, three bags full" to the officer both times he threatened RE meant, "Try it, you idiot, and I'll kick your ass in court just as I have every other time I've confronted an officer in court."

I didn't say the boating laws apply; that was LAPD Officer Johnl. I said their applicability was debatable. Did you have to pass a reading test to become a paralegal? Besides, even snow skiers, who are not armed, must stop and render aid, and they're not landing sharp objects on bystanders' heads. WA law.

ADW is a felony in WA, whether the W is a gun, a car, a kiteboard, or a hand or foot of a martial arts expert.

In WA and many other states, I can shoot anyone whose actions credibly threaten to gravely injure me. If I can shoot him, I find it hard to believe that a few clicks would not find him to be a felon.

That cop didn't use the word "hospital". His full statement was more like, "Next time he throws a rock at your wife, do what I'd do if off duty; beat him up and then call us." My use of the word "hospital" was shorthand for my opinion that a fight is not over until one party is no longer capable of fighting, one has successfully fled the other (that was not likely), or both credibly agree to stop (anyone throwing rocks at my wife is not credible). Anything less leaves the threat on the table.
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