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IRRESPONSIBLE KITER 8-15-2013
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swatson



Joined: 29 Aug 2002
Posts: 3

PostPosted: Thu Aug 15, 2013 10:48 pm    Post subject: IRRESPONSIBLE KITER 8-15-2013 Reply with quote

Today an irresponsible kiter launched a jump and landed on my friend Dave. The run in broke Dave's mast and chipped his teeth when the kiter landed on Dave's head. Luckily Dave was wearing a helmet, otherwise his injuries would have been worse. Then the kiter grabbed his board and just sailed away. Dave had to be towed in to shore. This happened about 3pm today between the White Salmon River and the Hook. If you witnessed this, please post. If you know who this kiter is, please let the rest of the sailing community know who this jerk is.
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isobars



Joined: 12 Dec 1999
Posts: 13266

PostPosted: Fri Aug 16, 2013 8:31 am    Post subject: Reply with quote

When are people going to start having idiots, no matter what toy they're on, prosecuted and jailed? Until then, silent victims are part of the problem. Had Dave been knocked unconscious even briefly, severely lacerated, or incurred a cervical fracture, he may have died right there. It's time someone went to the other extreme and put one of these miscreants in prison for a few years after taking a few hundred thousand dollars out of their pockets. This one is not a jerk; he is a criminal and a felon, and Benito is even worse because his assault was clearly premeditated.

And that's just the legal solution.
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Mulekick84



Joined: 18 Mar 2006
Posts: 333

PostPosted: Fri Aug 16, 2013 9:15 am    Post subject: Reply with quote

We've all heard some tremendous bullshit from Isobars over the years, but Really, a kiteboarder with "hundreds of thousands of dollars!" That's a whopper!

How about we just sue him for the $25 Starbucks gift card his Aunt gave him for his birthday! He may also have a couple warm PBR's in his back seat.

Sorry about your friend, Watson! I'm glad he made it in OK. If he got a look at the guy at all, he should drive over to the spit today and look for him.

_________________
I spend all my money on windsurfing gear and beer, the rest I just waste!
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kmf



Joined: 02 Apr 2001
Posts: 306

PostPosted: Fri Aug 16, 2013 11:49 am    Post subject: Reply with quote

You should report this to the Hood River Police. This falls under assault and should be handled by the appropriate authorities.

KMF
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biffmalibu



Joined: 30 May 2008
Posts: 134

PostPosted: Fri Aug 16, 2013 12:29 pm    Post subject: Kiter's smart move... Reply with quote

...would be to come forward and turn himself in early. Because eventually he will be discovered.
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trburl



Joined: 10 Apr 2000
Posts: 182

PostPosted: Fri Aug 16, 2013 1:13 pm    Post subject: Reply with quote

This goes well beyond classic negligent assault in the legal sense, which it clearly is. The downed rider had a broken piece of strong carbon with at least one broken tooth.

People have won millions in court for LESS.

The jumping rider that hit the downed rider left the scene without checking on the person he hit. That means he knowingly struck someone and ran away.

Karma-wise, that is a boatload of bad shit.

But can some attorney or prosecutor out there tell us what that means above and beyond the negligent assault?

Judges and juries don't look favorably on people that commit crimes like this and then flee the scene with no remorse or concern shown whatsoever.

"Irresponsible" is a far cry from what this individual rider has actually laid down.
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Bugaboo



Joined: 06 May 2002
Posts: 50

PostPosted: Fri Aug 16, 2013 4:29 pm    Post subject: Reply with quote

There are several reasons why Kite Boy will never see the inside of a jail cell.

Lingo. There is no "negligent assault." Negligence refers to a failure to use reasonable care. In layman's terms, doing dumb shit. Negligence is generally used in the context of civil, not criminal, matters.

Assualt, which is a crime, generally refers to a willful attempt or threat to inflict injury.

One element needed to convict somebody of a crime, most any crime, is that the perp have criminal intent. That is why "willful" is in the definition of assault. Generally, you cannot accidently commit a crime. You need to mean to commit a crime in order to be convicted of a crime.

The most well known exception is for crimes such as "negligent homicide." In those instances, the person who did something really dumb did not have any intent to commit a crime (such as jumping a kiteboard without making sure the landing zone was clear and then landing on somebody's head), but the conduct nonetheless results in something that we as as a society deem criminal (such as sending Dave to sleep with the fishes).

In this case, Kite Boy inteded to get air, which is not a crime. I doubt he intneded to land on Dave, so no crime there either. Kite Boy might have exposure to civil damages for hitting Dave, but no real threat of criminal sanctions.

However, the fact that Kite Boy left Dave off without offering assistance might be a low level misdemenaor, or maybe even an infarction level offense (like a speeding ticket). But, off the top of my head I cannot think of what the criminal charge might apply to these facts.

Regardless, there are few judges on either side of the river that would put some dopey kiter in the clinck for what happened.

If stupidity was a crime, the jails would be a bit more crowded.
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isobars



Joined: 12 Dec 1999
Posts: 13266

PostPosted: Fri Aug 16, 2013 4:55 pm    Post subject: Reply with quote

Reckless endangerment and fleeing the scene of an accident with injuries are no-brainer charges for starters, and both are felonies in many states, good for plenty of prison time and 6-figure fines. It doesn't take much; I was threatened with arrest for the former because my tires chirped in a sharp corner... seriously. And there's precedent, from the time a kiter took out two women sitting in beach chairs at Rufus.
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Bugaboo



Joined: 06 May 2002
Posts: 50

PostPosted: Fri Aug 16, 2013 5:35 pm    Post subject: Reply with quote

Neither applies.

Reckless endangerment requires reckless, not negligent conduct. Reckless is a form of criminal intent. Plus, RE is usually used to prosecute yahoos who pop off their guns or drive like morons. No self-respecting prosecutor would use the RE statutes to prosecute a Tea Bagger bonking a windsurfer.

Some states have felony RE if a deadly weapon is used. Otherwise, RE is a misdemeanor in all states.

Fleeing is a motor vehicle crime. To my knowlegde, not a felnoy anywhere.

Not a city, county or state in the country that will fine Kite Boy six figures or send him to prison.

Your having been "threatened with arrest" for chirping your tires sounds like BS.

If somebody was ever prosecuted as a result of a Rufus kitemare, that's news to me. I'd be interested to see details, but in the meantime call BS on that claim too.
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isobars



Joined: 12 Dec 1999
Posts: 13266

PostPosted: Fri Aug 16, 2013 6:57 pm    Post subject: Reply with quote

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.
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