A TUGBOAT first mate faces a possible two-year jail term after a barge he was towing crashed into a stalled tourist boat in the Delaware River after being charged with misconduct causing death under the "maritime manslaughter" law, reports the American Shipper.
But a report issued by the National Transportation Safety Board said the mate Matthew Devlin was on his mobile phone and laptop trying to deal with a serious family medical emergency.
The US Attorney in Philadelphia and Coast Guard Investigative Service have been examining the events of the collision, which resulted in the deaths of two tourists and 26 others suffering minor injuries.
Said the US Justice Department: "For an extended period of time before the collision, [Devlin] was distracted by his use of a cell phone and a laptop to attend to personal matters; elected to pilot the Caribbean Sea from its lower wheelhouse, where he had significantly reduced visibility in comparison to the perspective from the upper wheelhouse and did not maintain a proper lookout or comply with rules of seamanship."
The report said the amphibious boat the tourists were on was struck by the barge being towed by the Caribbean Sea. The tour boat had stalled in the river when it was hit by the trailing barge.
"Those who operate transport vessels on our waterways have a clear duty to ensure that proper sight lines are maintained at all times, and to obey all other rules of seamanship, so that the risks to others on the water are minimised," said US Attorney Zane David Memeger.
"When that duty is breached and causes death, the Seaman's Manslaughter Statute allows the federal government to seek criminal sanctions against the vessel operator," he said.
Mr Memeger said Mr Devlin has agreed to plead guilty to the charge and to the permanent revocation of his Coast Guard licence as a mate. In the plea agreement, the parties agree to the calculation of US sentencing guidelines, which suggest but do not mandate the final sentence, and which in this case likely propose a sentence of imprisonment of 37-46 months.
The report added that the accused reserves the right to argue for a lower sentence on the basis of mitigating circumstances, and is presumed innocent unless and until proven guilty.
But a report issued by the National Transportation Safety Board said the mate Matthew Devlin was on his mobile phone and laptop trying to deal with a serious family medical emergency.
The US Attorney in Philadelphia and Coast Guard Investigative Service have been examining the events of the collision, which resulted in the deaths of two tourists and 26 others suffering minor injuries.
Said the US Justice Department: "For an extended period of time before the collision, [Devlin] was distracted by his use of a cell phone and a laptop to attend to personal matters; elected to pilot the Caribbean Sea from its lower wheelhouse, where he had significantly reduced visibility in comparison to the perspective from the upper wheelhouse and did not maintain a proper lookout or comply with rules of seamanship."
The report said the amphibious boat the tourists were on was struck by the barge being towed by the Caribbean Sea. The tour boat had stalled in the river when it was hit by the trailing barge.
"Those who operate transport vessels on our waterways have a clear duty to ensure that proper sight lines are maintained at all times, and to obey all other rules of seamanship, so that the risks to others on the water are minimised," said US Attorney Zane David Memeger.
"When that duty is breached and causes death, the Seaman's Manslaughter Statute allows the federal government to seek criminal sanctions against the vessel operator," he said.
Mr Memeger said Mr Devlin has agreed to plead guilty to the charge and to the permanent revocation of his Coast Guard licence as a mate. In the plea agreement, the parties agree to the calculation of US sentencing guidelines, which suggest but do not mandate the final sentence, and which in this case likely propose a sentence of imprisonment of 37-46 months.
The report added that the accused reserves the right to argue for a lower sentence on the basis of mitigating circumstances, and is presumed innocent unless and until proven guilty.
Source : HKSG, 21.07.11.
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