Schooner Captain wins (from Sailnet Hunter list)

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Don Bodemann

For those interested in the outcome of the schooner captain vs. the jet skier. The judge returned his verdict and it was in yesterday's paper here in Maine. He was found innocent except for carrying black 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 case Schooner captain guilty of gunpowder violation A Rockland schooner captain has been cleared of an assault charge in connection with his firing of an antique pistol July 25 in Pulpit Harbor near North Haven to get the attention of an erratic jet skier. Capt. Neal Parker, 45, who owns the 67-foot schooner Wendameen, which charters cruises out of Rockland Harbor, also was found not guilty of improper 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 proper authorization, he said Monday. Coast Guard Lt. Ed Miner of the marine safety office, who prosecuted the case, could not be reached Monday. The jet skier, Ryan Marves of North Haven, also could not be reached. The rulings by federal Administrative Law Judge Peter A. Fitzpatrick came nearly four months after a two-day hearing in Portland. "I'm very happy with the decision," said Parker when contacted Monday. "The Coast Guard inspectors have to realize that when you give a captain responsibility, you have to allow for his authority." On July 25, Parker was anchored in Pulpit Harbor. His charter guests were eating their evening meal when jet skier Marves, then 20, entered the harbor. Parker said he noticed the jet skier operating erratically and attempted 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 a warning shot into the water to get the jet skier's attention. "I think I made a good assessment of the situation," Parker said, noting that he has 25 years of experience as a captain. "The Coast Guard inspectors have no experience in the field. The courts have ruled time and time again that you cannot second-guess a captain." Although two charges against Parker were dismissed, he was found to have been in violation for carrying black powder on board without written authorization from the Coast Guard commandant, Yopp said. That finding brought a penalty of a one-month suspension of his license "remitted on six months' probation." Yopp explained that the order means that the one-month license suspension was suspended pending satisfactory completion of six months' probation. The judge's order also prohibits Parker from carrying black powder on the schooner until he obtains proper written approval from the commandant, Yopp said. The judge wrote that the maritime community in which Parker operates the Wendameen and the passengers of the Wendameen regard Parker highly. Moreover, he does not have a record of prior violations and appears to be a responsible 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 Guard needs to be aware of what is being carried on board vessels. On Monday, Parker said that he would not appeal the judge's decision.
 
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Gary Jensen

Fair decision

I am in agreement with the decision in Parker's case (By the judge)...was there any action taken toward the jet skiier?
 
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Justin - O'day Owners' Web

Yes!

As you might imagine sailors here in Maine are psyched by this! Justin - O'day Owners' Web
 
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