Rob Murphy Loses Legs to Boater

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I read through the spearfishing forum and another link to a boater's forum. Someone posed the idea on the boater's forum that the ER doctor who was the driver of the boat responsible for this accident may have been frightened for his own life and safety of his passengers. Here is the quote:

"I agree 100% with this. What I am unclear with is the behavior of the other divers and the dive boat capt immediately after the accident. I too suspect emotions were running high, people may have said or gestured in a way they would not have otherwise. It would be understandable. Were there speaguns present? How easy is it for someone very emotional to take a dive knife and cut the teather on a spear? Maybe all of the other divers would have calmed down, maybe one with a speargun wouldn't. I don't know -- talking out of ass here. I can understand folks going emotional, I probably would have too.

After reading all that I have read about the event, and with the input from the newer members sharing information, I get the gut feeling that AFTER the accident everyone's behavior, the divers, the dive boat capt, the ER doc, all of them behaved predictably.

I tried thinking if I was in the doc's situation, was responsible for an accidentally like that, how would I behave? I would try to help UNLESS I felt threatened. In that case I would be compelled to make myself and the passengers on my boat safe. I would have to leave the accident site, and there would be nothing I could do to help. I would contact emergency professionals to notify them of the accident, that someone needed their assistance. And then I would call my lawyer to meet me at the dock to help assure I was able to properly report the accident with the appropriate authorities, to help assure I could be alcohol and drug tested to remove any doubt they were not the cause of the accident. It would have absolutely nothing to do with attempting to mitigate my responsibility for the accident, and everything to do with being sure things were done properly."


Source: Boating & Fishing Forum - Diver hit by boat

However, the point that no one made on the forum to refute this idea - you have the captain and the other divers who are busy giving instructions to divers, calling for help, getting the boat out there in a hurry, assessing the diver's injuries, applying pressure to the wounds, applying a turnicate, giving words of encouragement to the injured diver. In other words, they are completely focused on Rob and helping him survive, and they were successful. It sounds like they also took time to document, with video and still shots, the other boat's location and the actions of the driver. They don't have the time or energy to devote to threaten the driver of the boat, nor do their actions to film indicate that they had any intention of doing so. This assertion is simply unacceptable.

Also on this forum are posts by someone who appears to be a good friend of the ER doctor-driver of the boat in question. He has no idea how bad he sounds in attempting to help his friend, trying his best to blame it on the divers. If that is the position the ER doctor plans to take, he will be hated. The ER doctor who ran over Rob left the scene of the accident and called his lawyer to meet him at the dock. Not only is he an ER doctor, he is the Director of the ER!! You should read those posts by his "friend," it will infuriate you.

Here is a quote from Dr. Roger Nicosia, the boat driver who ran over Rob and left the scene:

"'Once when I was waterskiing, a boat ran over some people,' he says. 'My friend and I were taking care of those injuries and there were adults not doing anything. I brought these people in. I felt like I performed better than a lot of people.."

Source: http://www.palmbeachpost.com/health/content/health/hospitals/martin.html

What an ego - this guy obviously thought he was the hero-type. Think this guy is patting himself on the back now? Here is a picture of the Dr. Nicosia, from the same article:

image_4962921.jpg
 
This is completely appalling, on so many levels, whether it turns out to be an "innocent" accident, or not so innocent (I don't have the facts so I'm not going to try to make any judgement on that). I feel terribly for this man & his family.
 
I am a certified boating accident investigator. I have arrested a lot folks who have injured or killed people with boats. I have investigated "who-dunnit" hit and run fatal accidents. I have seen many fatal prop injuries. I have seen a lot of autopsies of boating incident victims. In Virginia, where I work, as well as most other jurisdictions, a boater must stop and render aid if involved in an accident, if they can do so without jeopardizing their vessel.

As a diver since 1967 I have seen my share of dive flag violations and have had a number of very close calls and run-ins with ignorant boaters as well as had deliberate harassment by boaters.

Even if there was not such a law, I cannot imagine many trained medical personnel such as EMS or nurses not immediately trying to stabilize an injured party. I cannot even begin to understand how an ER physician could leave the scene of this incident without trying his best to render aid.
What he did was unethical, and cowardly, and as far as I am concerned I would have charged him with whatever the appropriate laws apply. If this had occured in VA I definitely would have charged him with felony hit-and-run, as well as the boating violations. That would tack on an additional 5 years. I would like to be on the jury that tries this guy. There may be a reason he did not see the flag, but he darn sure knew his skills were needed at this scene and should not have left.
 
OMG!!!!! What a tragedy, My prayers go out to him and his family. I didn't read all the articles but did they catch the A$$hole boat driver
 
It is ridiculous to assume that because spearfisherman had spearguns on board that they would have used them in a threatening manner against the reckless boater. They were totally and completely involved with removing the diver from the water, slowing the bleeding, notifying authorities and coordinating helicopter evacuation from shore. He surely would have bleed out if there was ANY delay in reaching shore.

Does anyone think that if he identified himself as an ER doc and offered to provide assistance (or to even throw a first aid kit to the other vessel) that he would be attacked by the divers? The assertion that he didn't offer aid because he felt threatened does not pass the giggle test.

It is completely analogous to a doctor driving a car onto a sidewalk, running over and maiming a pedestrian, stopping for a few moments to verify the devastating injuries and then leaving the scene. His action AFTER the "accident" speak loudly.

It was a hit and run. People get run over and killed by boats all the time. But this situation is something very different than a simple accident by a careless boater. People should be pissed!
 
So why haven't charges been filed by either FWC or Martin County Sheriff's Dept.??

Martin County Sheriff's Office originally stated their investigation would take 10-14 days. Tomorrow will be 20 days.

Good question.

I would not read anything into an investigation taking longer than originally expected.

Jeff
 
Unfortunately, dive flag education isn't good enough either.

Two years ago I surfaced next to my dive flay buoy and was nearly run over by a speed boat. They were towing a parasail, so they were moving pretty fast.

The speed boat was being driven by -- get this -- the local DIVE RESCUE TEAM.

When I approached the boat a short time later, the driver of the boat said:

"I don't need to maintain my distance from the dive flag, because I knew that I was't going to hit you."

Local law enforcement (read: "good buddies") refused to prosecute.

Don't depend on the law, just assume that everyone is out to kill you.
 
I have been very disturbed about this since I first read about it. It's bad enough when a "normal" dive accident occurs, let alone one that happens due to another person's apparent negligence.

Does anyone know how far the diver was from the dive boat when this occurred?
 
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