Scuba assault investigation - Hawaii

[boulderjohn]

There are some instructors who will remove regulators from students' mouths during instruction, but the practiced is actively discouraged by all agencies because of the very real danger that it will lead to an involuntary swallowing of water which can trigger a gag reflex which can lead to all sorts of problems, possibly including drowning. In a controlled environment, any diver should be able to find a lost regulator, use an alternate, etc. In an uncontrolled environment, including possible fear of further attack, it is not so certain.

 

[Dr. Lecter]

I'm surprised they couldn't come up with a more appropriate and less stupidly named charge than "terroristic threatening", but it's interesting to see the only charge to come out of this was as predicted: against the aggressive idiot, not against someone allegedly "disrupting" a recreational activity conducted in public waters by merely filming it.

And while Hawaii criminal law might have this odd quirk that requires injury to the victim for an assault charge--I suppose that means I commit no crime if I charge someone with a knife, grab them by the collar, and try to stab them, so long as I don't actually cut them?--I know for a fact that Hawaii tort law has no such limitations. I imagine Sea Shepard already has a lawyer on retainer for this one, and the civil suit will be hilarious to watch.

 

[ozzydamo]

Well aren't you just the the judge, jury, and executioner.

---------- Post added August 1st, 2014 at 02:43 PM ----------



Are you serious... If you can't put a regulator back in your mouth you have no business diving...

Since when is recreational diving a business? your own words suggest you're complete and utter fool......

A man that gets "hot" around women deserves only bullets and his brother if he wants to get mouffy in defence of that crap behaviour......


Now the surname "Lovell" doesn't sound so Polynesian to me, WETF right this dude thinks he has is all colonialist/capitalist make believe- Get a hair cut and get real job and stop exploiting the natural environment!

The sooner Hawaii gets independence the better for its people, god knows they'll have better richer lives for it!

https://www.youtube.com/watch?v=w_DKWlrA24k

Fish are in trouble they need the good people to help them!


---------- Post added August 2nd, 2014 at 05:20 PM ----------

I'm surprised they couldn't come up with a more appropriate and less stupidly named charge than "terroristic threatening", but it's interesting to see the only charge to come out of this was as predicted: against the aggressive idiot, not against someone allegedly "disrupting" a recreational activity conducted in public waters by merely filming it.

And while Hawaii criminal law might have this odd quirk that requires injury to the victim for an assault charge--I suppose that means I commit no crime if I charge someone with a knife, grab them by the collar, and try to stab them, so long as I don't actually cut them?--I know for a fact that Hawaii tort law has no such limitations. I imagine Sea Shepard already has a lawyer on retainer for this one, and the civil suit will be hilarious to watch.

looks like common assault to me......

 

[Dr. Lecter]

The sooner Hawaii gets independence the better for its people, god knows they'll have better richer lives for it!

Thanks, I needed a good laugh

 

[spoolin01]

Lovell charged with misdemeanor for May scuba attack off Kona coast | West Hawaii Today

I love how civil and engaging the reader commentary generally is for this article, not just the usual jeers and team cheers. Hawaii!

 

[Freewillow]

It is very funny for an european: you guys in the US can relate any action to assault, crime and lawyers............................:blinking:. You are getting hot on a MAUI instructor that was in life danger because she had lost her primary regulator at 25 feet...............give me a break. Please be aware that I am not saying that the fisherman did behave correctly. But to talk about assault and endangered life

 

[FinnMom]

For all that fisherman knew that lady was on her 1st ocean dive. He didn't care, probably never considered anything but the fact that he was annoyed. Reminds me of road rage.
It's always best that things de-escalate and no one gets hurt but I can't help but wish he had attacked someone capable of paying him back in spades.

 

[boulderjohn]

It is very funny for an european: you guys in the US can relate any action to assault, crime and lawyers............................:blinking:. You are getting hot on a MAUI instructor that was in life danger because she had lost her primary regulator at 25 feet...............give me a break. Please be aware that I am not saying that the fisherman did behave correctly. But to talk about assault and endangered life

For all that fisherman knew that lady was on her 1st ocean dive. He didn't care, probably never considered anything but the fact that he was annoyed. Reminds me of road rage.
It's always best that things de-escalate and no one gets hurt but I can't help but wish he had attacked someone capable of paying him back in spades.

Exactly. I did not see anywhere in the video that he checked her certification level to make sure she would be safe before pulling her regulator.

 

[Keith.M]

Exactly. I did not see anywhere in the video that he checked her certification level to make sure she would be safe before pulling her regulator.

Although I agree that there is no indication of this. I would far more suspect that the collector and the conservationist have a long history and know plenty about each other.

 

[Oldbear]

Although I agree that there is no indication of this. I would far more suspect that the collector and the conservationist have a long history and know plenty about each other.

I came to this thread believing it was a different thread about this same incident. In that thread it was revealed or at least hypothesized that the "victim" and her filming buddies are members of an "aggressive" sea preservation group similar to Green Peace. There where posts stating how the lady and her group staged this video and provoked the collector and when he retaliated her buddies were there with their cameras. In the video it shows the collector snatching her regulator, but the buddies just film the incident (or at least the half they want to show for their cause). The dive buddies do nothing to assist the instructor/victim. And the victim/instructor lingers in the water for a while without even attempting to retrieve her regulator.

From what I read in that thread, if any of it is true, some readers/posters thought the instructor/victim should be charged with harassment as well as the collector should be charged with assault. It is hard for me to say that is why I was looking for more definitive information here. But sometimes if it look like a duck, walks like a duck and swim likes a duck...it might not be a duck but a platypus.