Underwater Assault over a reef in Kona

[asylumdown]

I dunno, 50 feet down... that's about as close to attempted murder as you can get under water. Anyone who's been through any sort of dive training knows that someone's rig is about as close to holy an object that's not been personally held by Jesus can get. Ripping it out of someone's mouth aggressively like that sends a pretty strong message about what you want to happen to them.

I've trained with people who would not have survived that experience. They would have panicked and either bolted for the surface, or taken a big ol' gulp of seawater. An experienced diver like that obviously would have no trouble recovering, but he was making an awful lot of life or death assumptions about her capabilities when he did that.

[Dearth]

It's not the first time it's happened unfortunately but this is one of the few times that there is video evidence of this type of assault/attempted murder.

A few years ago off the coast of Florida a diver was found dead initially it was suspected it was due to drowning due to inexperience but further investigation found that the diver had been intentionally killed and while the death hasn't been solved the area the diver was found was infamous for unscrupulous people illegally collecting coral and fish for resale

It's not an isolated case it's just not well reported or documented and it happens throughout the world in both fresh and saltwater. People are willing to commit murder for anything because its big money

[reefermadness]

I doubt he "attempted" or intended to murder her.

If he really wanted her dead he could have made a better attempt than that.

He really should get an assault charge with the max sentence though.

[Slick Fork]

Originally Posted by reefermadness

I doubt he "attempted" or intended to murder her.

If he really wanted her dead he could have made a better attempt than that.

He really should get an assault charge with the max sentence though.

I dunno;

I can't think of too many instances where taking away somebody's ability to breath is not attempted murder; what you're suggesting is like running somebody over with your car and saying "if I wanted them dead, I would've gone faster". Pretty sure that he'd be looking at either manslaughter or second degree murder charges.

[reefermadness]

It would be an interesting court case no doubt.

Im just saying most likely this guys intent was not to kill her. If he did intend to kill her it was a weak attempt at that.

If she had died it would have been manslaughter IMO.

It was careless, it was stupid, it was evil but attempted murder? No matter what we think or the courts it would only be what was in this guys mind at the time. Was his intent to end her life. My guess from the information i know is no.

[reefermadness]

Originally Posted by Slick Fork

I dunno;

I can't think of too many instances where taking away somebody's ability to breath is not attempted murder; what you're suggesting is like running somebody over with your car and saying "if I wanted them dead, I would've gone faster". Pretty sure that he'd be looking at either manslaughter or second degree murder charges.

This is good. Can you run someone over and not expect them die? If you are just trying to hurt them by running over their hand and at the last second they move and you kill them. That is not murder cause you didnt intend to kill them. Again that would be text book aggravated manslaughter.

[Patwa]

Originally Posted by reefermadness

I doubt he "attempted" or intended to murder her.

If he really wanted her dead he could have made a better attempt than that.

He really should get an assault charge with the max sentence though.

indeed, there was no pre-meditation or intention to "kill" ... she caught them with their collective pants down. The response was coloured with rage and anger - 100% 'in the heat of the moment' case here. If fate had it that she was not able to retrieve her regulator, she would ultimately end up in a coma or dead.

the worse that could happen was that she could lose her life - thus, it's 100% attempted murder. Thankfully, she survived, but she was lucky - and had the experience to know what to do in that situation.

he may be charged with attempted murder, but that would be up to Hawaii 5-0 (hehehe) and/or the district attorney, but methinks if it does go to trial, it'll be manslaughter in the end.

Originally Posted by Slick Fork

I can't think of too many instances where taking away somebody's ability to breath is not attempted murder; what you're suggesting is like running somebody over with your car and saying "if I wanted them dead, I would've gone faster". Pretty sure that he'd be looking at either manslaughter or second degree murder charges.

+1

Originally Posted by reefermadness

It was careless, it was stupid, it was evil but attempted murder? No matter what we think or the courts it would only be what was in this guys mind at the time. Was his intent to end her life. My guess from the information i know is no.

weak attempt or not, his actions put her life in jeopardy. you don't have to be a trained and certified SCUBA diver to really fully understand what it means when someone rips your regulator off whilst 50ft underwater..........the point is that he took her air away, the ONLY means she has to sustain her life in that situation.

It's like me locking you in a dark room and sucking all the air out and leaving you to find the door so you can let air in....all because I took your picture.

attempted murder....110% ...but it'll be manslaughter in the end coz there was no pre-meditaton or intent, i say

[NickC]

"I hope they catch the idiot and charge him with attempted murder."
This "idiot" is a long time reef fish collector Jay Lovell,

There is quite a different tune going around about what she was actually doing there, odd how she was there filming and yet the clips only shows 30 seconds right when the altercation happened and not showing anything before hand leading up to why. This is an experienced collector who has worked in the industry for 35 years who would not just charge a random person and rip out the regulator for no reason. Perhaps the fact she works with the sea Sheppard could add some light onto the tactics she was using which were purposely not caught on tape and as to why Harassment charges are being looked at for her.

http://www.hawaiinewsnow.com/story/2...caught-on-tape