Both Drivers Charged in Boating Accident
How is it that the driver of a boat which is run over by another boat gets charged with Negligent Homicide? According to the Delaware County District Attorney's office, there were several factors involved.
The passenger in the boat who was killed in the accident, Murray McGarvey, 35, of Brunswick, Ga., was not properly seated in the boat, which is the responsibility of the boat driver. Alcohol also played a part, as the driver, Jason Bandy of Tulsa, was said to have been drinking, according to the accident report of the GRDA Lake Patrol. And, according to the inland laws of navigation, Bandy's boat may have been the "give way" boat even though Bandy never saw the other boat.
Charges of Negligent Homicide were filed Tuesday against Bandy, and John Special, 52, Stillwater by the Delaware County District Attorney's office. Special was also charged with leaving the scene of an accident.
Bryce Lair, assistant district attorney, said the D.A.'s office had conducted "an exhaustive investigation" of the event. He said there were "several factors involved" in the charge against Bandy.
Lair said Grand Lake is a dangerous place at night and had either driver been paying attention the accident would likely never happened. The accident occurred about 2 a.m. July 30 between Drowning Creek and Duck Creek in the main lake.
Punishment for Negligent Homicide is a fine of $100 to $1,000 and up to a year in jail, or both. Leaving the scene of an accident is punishable by a fine of up to $50. These low fines are due to the fact that the incident occurred on an Oklahoma lake rather than on a highway.
McGarvey had come to Oklahoma for the weekend to celebrate the birthday of his godson, Justin Bandy, 7, whose father was the driver of the boat in which he was riding. The elder Bandy was severely injured in the accident and was taken by helicopter to a Tulsa hospital. Other passengers in his Formula boat were Justin Doolin, 34 of Mannford, and Tracie A. LaGere, 35, of Oklahoma City, who were not injured.
Special was the driver of a 280 Searay, which left the scene of the accident, according to GRDA Lake Patrol accident reports, and did not report the accident until late Sunday afternoon, July 30. Witnesses said his boat was traveling between 35 and 50 miles an hour when it hit the Bandy boat. The only passenger in Special's boat, Dee Ann O'Neal of Edmond, was not injured.
The District Attorney's office hired ATA Associates of Houston to create a computer-generated simulation of the accident at a cost of $8000-$12,000 which will be paid for by the District Attorney's Council in Oklahoma City.
The passenger in the boat who was killed in the accident, Murray McGarvey, 35, of Brunswick, Ga., was not properly seated in the boat, which is the responsibility of the boat driver. Alcohol also played a part, as the driver, Jason Bandy of Tulsa, was said to have been drinking, according to the accident report of the GRDA Lake Patrol. And, according to the inland laws of navigation, Bandy's boat may have been the "give way" boat even though Bandy never saw the other boat.
Charges of Negligent Homicide were filed Tuesday against Bandy, and John Special, 52, Stillwater by the Delaware County District Attorney's office. Special was also charged with leaving the scene of an accident.
Bryce Lair, assistant district attorney, said the D.A.'s office had conducted "an exhaustive investigation" of the event. He said there were "several factors involved" in the charge against Bandy.
Lair said Grand Lake is a dangerous place at night and had either driver been paying attention the accident would likely never happened. The accident occurred about 2 a.m. July 30 between Drowning Creek and Duck Creek in the main lake.
Punishment for Negligent Homicide is a fine of $100 to $1,000 and up to a year in jail, or both. Leaving the scene of an accident is punishable by a fine of up to $50. These low fines are due to the fact that the incident occurred on an Oklahoma lake rather than on a highway.
McGarvey had come to Oklahoma for the weekend to celebrate the birthday of his godson, Justin Bandy, 7, whose father was the driver of the boat in which he was riding. The elder Bandy was severely injured in the accident and was taken by helicopter to a Tulsa hospital. Other passengers in his Formula boat were Justin Doolin, 34 of Mannford, and Tracie A. LaGere, 35, of Oklahoma City, who were not injured.
Special was the driver of a 280 Searay, which left the scene of the accident, according to GRDA Lake Patrol accident reports, and did not report the accident until late Sunday afternoon, July 30. Witnesses said his boat was traveling between 35 and 50 miles an hour when it hit the Bandy boat. The only passenger in Special's boat, Dee Ann O'Neal of Edmond, was not injured.
The District Attorney's office hired ATA Associates of Houston to create a computer-generated simulation of the accident at a cost of $8000-$12,000 which will be paid for by the District Attorney's Council in Oklahoma City.
posted by Editor | 1:57 AM
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