Miami Beach man cleared in deadly Columbus Day boating accident

[wiley]

A Miami Beach boater has been cleared of criminal wrongdoing in the October 2006 Columbus Day crash in Biscayne Bay that killed two college students.

After an exhaustive investigation, prosecutors on Monday dropped a misdemeanor charge of violating navigational rules against Roland Desrochers, who skippered one of four boats involved in the fatal wreck.

"Based on all the evidence, this incident appears to be a tragic, unfortunate and horrible accident," Miami-Dade Assistant State Attorney Nicole Johnson wrote in her final memo.

Desrochers, 32, had originally been charged in February 2008 with a slew of misdemeanor boating violations that could have landed him in jail for more than a year. No one else was charged in the tragedy.

His 35.5-foot Intrepid boat collided with two boats being towed by another on Oct. 7, 2006.

Killed in the crash: James "Jimmy'' Noel, 23, of Doral; and Monica Burguera, 20, of Miami. Both studied at Florida International University.

Noel and his friends had rented six boats to celebrate his upcoming birthday during the unofficial partying done off Elliott Key on the weekend of the Columbus Day Regatta.

One of the boats died in the water and the rental company, Club Nautico, was towing it through the moonlit bay. Along the way, the 21-foot Sea Ray skippered by a 16-year-old threw a line to a disabled 15-foot Bayliner they came across in the water.

As the Sea Ray towed the two boats, Desrochers' Intrepid crashed into the two towed boats, launching over the disabled Club Nautico vessel as if hitting a ramp. Noel and Burguera died -- killed by the Intrepid's propellers -- while six others were injured, some seriously.

Investigators determined that, even under a full moon, the two Sea Rays owned by Club Nautico and the Bayliner were not visible because they were not equipped with proper lightsProsecutors reviewed 911 tapes, witness statements, depositions in civil lawsuits and photos. In August, under a full moon just like the fateful night, Johnson and chief county court prosecutor David Maer even rode along on a Florida Fish and Wildlife Commission boat to see the poor lighting conditions for themselves.

They determined "it became clear that the lack of lights on behalf of the tow flotilla of boats was a major contributing factor to the accident."

Desrochers, in an interview Monday, said that the teen shouldn't have been skippering the Sea Ray, or towing the two boats in a busy waterway without lights. The boats should have lit flares or called a marine tow service, he said.

"This is obviously a very sad and tragic accident. It could have been prevented by adhering to basic boating laws and using common sense," said Desrochers, who stressed he had no alcohol in his blood, never fled the scene and immediately called the U.S. Coast Guard.

Desrochers, a hedge fund manager, was originally charged in September 2007, and five months later, more counts were added. Miami-Dade County Judge Louise Krieger-Martin later dismissed six of seven counts after his lawyers argued the number of charges amounted to ''double jeopardy."

On Monday, Johnson announced in court that the state would not proceed with the remaining charge. Afterward, Desrochers' attorney, Mark Shapiro, hailed the decision.

"As horrific of an accident as this was, and as extremely emotional as it was for the families involved, there was simply not a crime committed in this case," Shapiro said.

A slew of civil lawsuits against Desrochers and Club Nautico, which rented the boats to the partyers, have since been settled.

The end of the criminal case did not sit well with Burguera family, which had several heated meetings with prosecutors over the years.

"In our civil cases, justice was served, but it saddens me that injury and death could have occurred and not one person was successfully prosecuted," said the family's lawyer, Stuart Z. Grossman, of Grossman Roth.

Noel's father, James Noel, of Puerto Rico, however, said he and his wife have forgiven Desrochers. His mission now is push for stricter boater safety education in Florida.

"We're Catholics," Noel Sr. said. "We feel we're going to see our son again in heaven."

[ScarabChris]

I remember this when it happened. I was out on that water that weekend, but I always stay the night to avoid running across the bay at night as something like this happens pretty much every year at this event.

I remember reading that the two towed boats were not lit up at all. Clearly this was a huge contributing factor. And being that the captain of the Intrepid was not intoxicated and did not flea the scene and actually contacted the CG and tried to help I would say he was probably not at fault at all.

But you have the families of the victims that want someone to pay so they go after the guy that hit them. Unfortunately that is not the person that deserves to pay. The person(s) that organized that tow flotilla in the dark of night with no lights is the party responsible.

A tragic accident, but one that could have been avoided by exercising some basic boating common sense.

Trying to lock up and sue the driver of the Intrepid is as bad as towing two boats with people in them with no lights at night on the busiest night of the year in an open bay that has no speed limits.

I would equate that to hiring a skydive company to teach me how to skydive. On my first jump they let me jump with no parachute, I hit the ground and die. Then the police try to lock up the owner of the property I landed on instead of the skydive company. And to add insult to injury the property owner gets slapped with a civil suite.

[VeroWing]

I completely disagree. Although the youth towing the boats without lights was a major factor contributing to the mishap, that in itself did not take the lives of the others. What did take their lives was the vessel riding up and over the other vessel. If you are traveling at night or in limited visibility you are supposed to post a lookout at the bow and proceed with all due caution. What if it were your boat and you lost all electric power, would that give someone the right to plow over you. I don't think so.

There are no accidents, only mistakes. Just my opinion.

Edited March 31, 2010 by VeroWing

[Drailey]

I completely disagree. Although the youth towing the boats without lights was a major factor contributing to the mishap, that in itself did not take the lives of the others. What did take their lives was the vessel riding up and over the other vessel. If you are traveling at night or in limited visability you are supposed to post a lookout at the bow and proceed with all due caution. What if it were your boat and you lost all electric power, would that give someone the right to plow over you. I don't think so.

There are no accidents, only mistakes. Just my opinion.

There is Right and there's Wrong. And also we have the Law!

[boatdesigner]

I completely disagree. Although the youth towing the boats without lights was a major factor contributing to the mishap, that in itself did not take the lives of the others. What did take their lives was the vessel riding up and over the other vessel. If you are traveling at night or in limited visability you are supposed to post a lookout at the bow and proceed with all due caution. What if it were your boat and you lost all electric power, would that give someone the right to plow over you. I don't think so.

There are no accidents, only mistakes. Just my opinion.

I agree, no one should be driving fast enough at night to launch their boat over another. While the lack of lights was a major factor, the Intrepid never should have been on plane after dark. I am always amazed at how fast people will go at night. Boats don't have headlights! If we still enforced maritime law, I bet the Intrepid owner would have been in some deep doodoo.

[Rod27]

I completely disagree. Although the youth towing the boats without lights was a major factor contributing to the mishap, that in itself did not take the lives of the others. What did take their lives was the vessel riding up and over the other vessel. If you are traveling at night or in limited visability you are supposed to post a lookout at the bow and proceed with all due caution. What if it were your boat and you lost all electric power, would that give someone the right to plow over you. I don't think so.

There are no accidents, only mistakes. Just my opinion.

I agree, no one should be driving fast enough at night to launch their boat over another. While the lack of lights was a major factor, the Intrepid never should have been on plane after dark. I am always amazed at how fast people will go at night. Boats don't have headlights! If we still enforced maritime law, I bet the Intrepid owner would have been in some deep doodoo.

i had the unfortunate duty to take care of one of the kids that was hospitalized.....a teenage kid from PR with multiple injuries and a severed finger if i remember. The PTSD was worse. I myself was almost run over in the bay a year after that happened. I had all my lights on and was running on a new boat. Now i wont run that slow at night and run around 30-40mph with the radar kicking, and it lights up lobster or stone crab buoys. How can a 35ft Intrepid not have radar?

[v70cat]

I completely disagree. Although the youth towing the boats without lights was a major factor contributing to the mishap, that in itself did not take the lives of the others. What did take their lives was the vessel riding up and over the other vessel. If you are traveling at night or in limited visability you are supposed to post a lookout at the bow and proceed with all due caution. What if it were your boat and you lost all electric power, would that give someone the right to plow over you. I don't think so.

There are no accidents, only mistakes. Just my opinion.

I agree, no one should be driving fast enough at night to launch their boat over another. While the lack of lights was a major factor, the Intrepid never should have been on plane after dark. I am always amazed at how fast people will go at night. Boats don't have headlights! If we still enforced maritime law, I bet the Intrepid owner would have been in some deep doodoo.

When I go out at night or in fog I idle along or run at a slow cruising speed.

It was very sad and I feel sorry for the parties involved.

Edited March 31, 2010 by v70cat

[triman]

I completely disagree. Although the youth towing the boats without lights was a major factor contributing to the mishap, that in itself did not take the lives of the others. What did take their lives was the vessel riding up and over the other vessel. If you are traveling at night or in limited visability you are supposed to post a lookout at the bow and proceed with all due caution. What if it were your boat and you lost all electric power, would that give someone the right to plow over you. I don't think so.

There are no accidents, only mistakes. Just my opinion.

I agree, no one should be driving fast enough at night to launch their boat over another. While the lack of lights was a major factor, the Intrepid never should have been on plane after dark. I am always amazed at how fast people will go at night. Boats don't have headlights! If we still enforced maritime law, I bet the Intrepid owner would have been in some deep doodoo.

When I go out at night or in fog I idle along or run at a slow cruising speed.

It was very sad and I feel sorry for the parties involved.

If there was a proper system in place the owner/skipper of the towing vessel would have been charged with contrvention of the Colregs as well as basic human stupidity.

As someone who has regularly driven across a quite large bay down this way at 50 knots in pitch dark, but clear visibility, I know it's safe to do so, PROVIDED all others on the water are observing the Colregs.

How many of you drive country roads at the legal after dark, or do you creep along, expecting to meet a car travelling slowly and unlit?

The legal system may have delivered it's verdict - but justice was not done, and I suspect a FULL investigation was not performed either.

[greg]

If there was a proper system in place the owner/skipper of the towing vessel would have been charged with contrvention of the Colregs as well as basic human stupidity.

As someone who has regularly driven across a quite large bay down this way at 50 knots in pitch dark, but clear visibility, I know it's safe to do so, PROVIDED all others on the water are observing the Colregs.

How many of you drive country roads at the legal after dark, or do you creep along, expecting to meet a car travelling slowly and unlit?

The legal system may have delivered it's verdict - but justice was not done, and I suspect a FULL investigation was not performed either.

The difference here is that you don't drive along dark country roads at night with no headlights and in a position 20 feet from the bow of your car with the nose sticking up several feet.

The guy was clearly exceeding a safe operating speed for the conditions. He is responsible. So were the operators of the towing vessel, but to a much lesser degree.

He deserved everything he got, and should have gotten more. So should any of you yahoos who blast around in the dark at full cruise with no regard for others safety. And that is exactly what you are doing at 30 knots at night. Doubly so in a crowded bay during a party weekend.

Sorry, you can't fix stupid, but at least you can prosecute it once in a while.