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Fatal accident leads COA to examine boating statute

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A boat operator’s appeal of his convictions stemming from a fatal accident on Lake Monroe in 2010 split the Indiana Court of Appeals as to whether I.C. 14-15-4-1 is unconstitutional as applied.

Winston Wood was 19 years old when he and two friends were wakeboarding on the lake. He was driving his father’s boat when it collided with a boat driven by James Collier. Neither saw each other until the boats hit. The accident killed Collier’s wife and grandson, and injured Collier’s leg. Two other grandchildren on Collier’s boat were uninjured. Wood and his friends were also not injured.

Wood dove into the water toward Susan Collier, but he returned to his boat and drove it to the Fourwinds Marina after realizing he could not help Susan Collier. His friend called 911 and the operator told them to stay at the marina until authorities arrived. They believed their boat was taking on water.

The state charged Wood under I.C. 14-15-4-1 with leaving the scene of a boating accident resulting in the deaths of Susan Collier and grandson Gage, Class C felonies, and leaving the scene of a boating accident resulting in serious bodily injury to James Collier, a Class D felony. The statute outlines what the operator of a boat involved in an accident or collision resulting in injury or death or damage shall do.

In Winston K. Wood v. State of Indiana, 53A05-1208-CR-423, Judges Melissa May and John Baker found sufficient evidence supported Wood violated the boating statute, but his three convictions of leaving the scene of a boating accident subjected him to double jeopardy, “as he was punished three times for an act – leaving the scene of an accident – he committed only once,” May wrote. Based on Nield v. State, 677 N.E.2d 79 (Ind. Ct. App. 1997), his act of leaving the scene can only support one conviction under the statute. The majority remanded for the trial court to dismiss one Class C felony conviction and the Class D felony conviction and to accordingly resentence Wood and reimburse the fines it imposed for those additional convictions.

The majority declined to find the statute unconstitutional as applied to Wood, but noted that the requirements of 14-15-4-1 will, in many emergency situations, “require behavior that defies logic, and engaging in innocent, and even advisable, behavior can leave one in violation of the statute,” May wrote. “This statute permits no consideration of what is reasonable in any given emergency situation; nor does it permit citizens to engage in any balancing of considerations that arise in typical emergencies and are likely required by other statutes.”

The majority encouraged the General Assembly to address these concerns.

Judge James Kirsch dissented, finding I.C. 14-15-4-1 is unconstitutional as applied.

“It is unquestioned that Wood claimed that he and his passengers were subject to significant peril and that he acted reasonably in moving his boat and its passengers to the marina. The statute did not give Wood fair notice that it was forbidden conduct to leave the scene of the accident even if Wood feared for his safety or that of his passengers and that necessity demanded that he leave the immediate accident scene.”

 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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