D
Don Bodemann
For those interested in the outcome of the schoonercaptain vs. the jet skier. The judge returned his verdict and it was inyesterday's paper here in Maine. He was found innocent except for carryingblack powder without Coast Guard approval.I cut and pasted the article from the Bangor Daily News, March 5, 2002,below:"Mariner cleared of assault in pistol caseSchooner captain guilty of gunpowder violation A Rockland schooner captain has been cleared of an assault charge inconnection with his firing of an antique pistol July 25 in Pulpit Harbornear North Haven to get the attention of an erratic jet skier.Capt. Neal Parker, 45, who owns the 67-foot schooner Wendameen, whichcharters cruises out of Rockland Harbor, also was found not guilty ofimproper storage of black powder, according to Petty Officer Clifton Yopp,spokesman for the Coast Guard's marine safety office in Portland.Parker was found guilty of carrying black powder without properauthorization, he said Monday.Coast Guard Lt. Ed Miner of the marine safety office, who prosecuted thecase, could not be reached Monday. The jet skier, Ryan Marves of NorthHaven, also could not be reached.The rulings by federal Administrative Law Judge Peter A. Fitzpatrick camenearly four months after a two-day hearing in Portland."I'm very happy with the decision," said Parker when contacted Monday. "TheCoast Guard inspectors have to realize that when you give a captainresponsibility, you have to allow for his authority."On July 25, Parker was anchored in Pulpit Harbor. His charter guests wereeating their evening meal when jet skier Marves, then 20, entered theharbor. Parker said he noticed the jet skier operating erratically andattempted to wave to him to slow down. When the operator failed to do so,Parker sent a crew member to retrieve an antique pistol. Parker then fired awarning shot into the water to get the jet skier's attention."I think I made a good assessment of the situation," Parker said, notingthat he has 25 years of experience as a captain. "The Coast Guard inspectorshave no experience in the field. The courts have ruled time and time againthat you cannot second-guess a captain."Although two charges against Parker were dismissed, he was found to havebeen in violation for carrying black powder on board without writtenauthorization from the Coast Guard commandant, Yopp said. That findingbrought a penalty of a one-month suspension of his license "remitted on sixmonths' probation." Yopp explained that the order means that the one-monthlicense suspension was suspended pending satisfactory completion of sixmonths' probation.The judge's order also prohibits Parker from carrying black powder on theschooner until he obtains proper written approval from the commandant, Yoppsaid.The judge wrote that the maritime community in which Parker operates theWendameen and the passengers of the Wendameen regard Parker highly.Moreover, he does not have a record of prior violations and appears to be aresponsible mariner, who was not aware of the black powder regulations,according to Yopp.On the guilty finding, Parker said that he realizes that the Coast Guardneeds to be aware of what is being carried on board vessels.On Monday, Parker said that he would not appeal the judge's decision.