An alert reader sent us a link to this San Diego Union-Tribune article reporting that the defense rejected a TC’s offer to support a deal for referral to a SPCM instead of a GCM in an involuntary murder/negligent homicide boating death case against a Coast Guard petty officer third class.  The case was subsequently referred to a GCM.

10 Responses to “Defense reportedly rejected TC’s offer to support SPCM referral deal in USCG boating death case”

  1. Former STC says:

    Well. After apparently deciding to publish that email, I hope DC doesn’t regret burning that bridge with the TC and/or CA. That’s the kind of stunt that gets you put into legal assistance if his client gets tagged at a GCM. Good luck LCDR Meyers.

  2. Phil Cave says:

    Does the article say the release came from the defense?

  3. W says:

    The article does not say – and that is a fair question. I can’t see it coming from the TC (that would be epically stupid), but perhaps some other source related to the civil litigation?

    Because if the DC released it (for what strategic purpose I would ask), he would have had to realize he was burning not only the bridge for that TC, but all TCs who litigate against him from then on.

    I truly hope there was more thought put into it than publicity – by whomever leaked the plea negotiation correspondence in the first place.

  4. Anonymous says:

    Ignoring who sent out the email, that’s a tough call. Plead at a SPCM or try and get off completely at a GCM.

    Obviously, the DC must think they have a strong case (or the guy simply refuses to plead).

  5. I cannot stand it says:

    We know an 8 year old oy is dead. We know three oast Guard members have been charged. Of these 2 have been sent to specials without any indication as to disposition by way of plea or what protection is available. We know that this defendant went to a 32 where the IO fpund probable cause for manslaughter and the 34 advice apparently agreed resulting referral to a GCM. He was offered a plea at an SPCM with protection on the boot in addition to the decreased exposure to incarceration. He could likely have negotiated a nonBCD SPCM. The manslaughter charged is a general intent offense.The PC finding at the 32 pretty much indicates liability in the civil suit will not be a problem for the plaintiffs.Under the circumstances I cannot imagine what DC is waiting for unless he hopes to establish that it was the defendants evil twin who operated the boat.I would be on ther phone making nice-nice wit the SJA. Who leaked the story is an interesting aside but the more interesting question is DC’s familiarity with the Table of Maximum Punishmnets.Serioyusly though I would like to no what his motivation is.

    non

  6. Not a zombie says:

    Next the DC will tell the panel he is going to prove the accused is innocent (which I have actually witnessed a few time).

  7. I cannot stand it says:

    I am leaning toward renegade client off the reservation refusing to plead.

  8. I cannot stand it says:

    I would bet the client is refusing to plead to anything or that deal would have been on ice already.

  9. Weirick says:

    Not a zombie –

    The standard is the accused must prove his innocence beyond all doubt. You need to crack that red – or maroonish – book.

  10. Andy Myers says:

    I guess I’m not going to legal assistance.