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  1. #646
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    Really don't care if it can be scientifically proved that the kid had trace amounts of blood flowing through his drug-alcohol saturated veins. Once he was under the custody of water patrol and incapacitated with handcuffs, they needed to make damn sure he didn't drown. When there is 1 WP involved accident and 1 WP involved drowning at LOTO in the same year, those in charge should be ashamed of themselves. There wasn't a single innocent person killed all year by a drunk boater at LOTO, but yet in the name if keeping our lake safe somebody ends up dead in a WP boat? And another WP boat hits somebody. In all the thousands of boats in the lake, there were 24 collisions all year, but yet one of the couple dozen WP boats that are there to keep us safe hits somebody? What. The. F#%k.

    They need to clean up their act big time.

    Baja I kind of see your point. Don't do stupid shit and you probably don't have to worry... But still come on WP, the standard for safety is quite a bit higher than it is for a 20 year old. I used to think the reports of no lights at night WP boats at night was stuff of legend, but I 100% believe it now
    https://twitter.com/#!/ChesterGloyd

  2. #647
    lotobound Guest
    traces of cocaine bs that means nothing several factors over the conter could effect. Not hyped up as some have said. Shame on WP.

  3. #648
    Join Date
    Dec 2003
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    Quote Originally Posted by smitty View Post
    I read this;

    •Postmortem diffusion of alcohol from the gut can falsely elevate the BAC

    and this;

    Bodies immersed in water for a period of time further add to the dilemma of establishing accurate BAC levels in corpses because immersion can cause major spikes in blood/alcohol concentrations

    and this;

    Blood Alcohol Scores After Death Can Be “False Positive” Up To 0.20
    The key word being can. It does not say it does

    They all refer to samples not being taken within a timeframe and during decomposition, improper storage or lack of preservatives of blood samples, and the corpse not being kept refrigerated. At 60+ feet deep, the water temp is plenty cold and virtually no fermentation of blood glucose is going to occur. As long as the samples were properly processed, the BAC should be relatively accurate.

    If a person has blood draw done for a DUI/BUI, those samples often are not tested for a week. They use a preservative in the vial and the samples are refrigerated.

    In reality the actual BAC level is not relevant anyway.
    What is relevant is that the WP Officer had Probable Cause to make the arrest. His own freinds told him he shouldn't drive. That would indicate a great probablility that there was sufficient probable cause.
    What is relevant is that the WP Officer did not properly put a PFD on his arrestee. This negligent and not criminal. There is no law that was broken.

  4. #649
    Join Date
    Apr 2014
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    Ankeny, Ia
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    Quote Originally Posted by mr.ewd View Post
    Video shows troopers re-creating Brandon Ellingson patrol boat ride http://www.kansascity.com/news/state...le2071247.html

    KC Star at it again.

    Strange that the officer had to reach forward to hold on to the rail... Too bad his hands were cuffed behind him.... Standing bare foot on a wet floor while traveling at speed with your hands cuffed behind your back when you dont know what is going to happen is different than what was done in this test. I think this test does show that you need something for balance. Even if you are stone cold sober as I assume that officer was at the time of the video.

  5. #650
    Join Date
    May 2004
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    Iowa & LOTO 12mm
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    Missouri Law

    306.111. 1: A person commits the crime of negligent operation of a vessel if when operating a vessel he or she acts with criminal negligence, as defined in subsection 5 of section 562.016, to cause physical injury to any other person or damage to the property of any other person. A person convicted of negligent operation of a vessel is guilty of a class B misdemeanor upon conviction for the first violation, guilty of a class A misdemeanor upon conviction for the second violation, and guilty of a class D felony for conviction for the third and subsequent violations.

    Subsection 5 of section 562.016: A person "acts with criminal negligence" or is criminally negligent when he fails to be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow, and such failure constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation.

    Pulling a buckled lifejacket halfway over someone’s head after they are handcuffed with the arms not through the holes seems to qualify and unjustifiable risk that the officer failed to be aware of…but I'm no lawyer.

  6. #651
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    Feb 2004
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    Quote Originally Posted by Bselby View Post
    Strange that the officer had to reach forward to hold on to the rail... Too bad his hands were cuffed behind him.... Standing bare foot on a wet floor while traveling at speed with your hands cuffed behind your back when you dont know what is going to happen is different than what was done in this test. I think this test does show that you need something for balance. Even if you are stone cold sober as I assume that officer was at the time of the video.


    ....and...... at one point, the Officer had to hang on to the pole with right hand and brace himself using the dash with his left hand @ 38mph.

    lol..... By the looks of that vid, I might give odds against anyone who says they could sit in that seat with their hands cuffed behind their back and run laps thru the washwater without being thrown out of the seat and or boat


  7. #652
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    Quote Originally Posted by bajaholic View Post
    Why are you all arguing about the BAC reading? IF there was even the smallest question about that part of the situation, don't you think the kids side would be jumping all over it, requesting additional tests?

    That is the one thing that is strangely quite about the whole arrest/custody thing...

    Oh yea, because he was over the influence, and apparently 3 times... And remember he also had traces of an illegal substance in his blood.(cocaine)

    Am I the only one that keeps coming back to the question: Where does an under age kid get all the booze and drugs in the first place? Why hasn't anyone started to ask that question? AND don't you think whoever supplied those items is just as much to blame for his ultimate death?

    I bring up the BAC to illustrate that if the kid was indeed a .27BAC, MUCH MORE CARE should have been taken by the WP in the transportation of his prisoner. The vid above shows a sober Officer being transported who cannot sit in a seat without bracing himself with his feet and both hands. Someone who is supposedly at a .27 BAC level would have a hard time sitting up in a chair or standing on level ground without swaying and losing his balance. Throw handcuffs on behind the suspects back and there is no way the kid should have been transported in any way other than sitting or laying on that boat floor. A competent WP Officer would have known that and acted properly.

    Of course that is IMHO......
    .
    .
    .... and I'm probably wrong because I was one of the few STUPID people that thought OJ was guilty.

  8. #653
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    Jun 2004
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    Cedar Rapids, Iowa- 1MM Grand Glaize
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    The Water Patrol is really being exposed with all of this. It is about time. Too bad that somebody needed to die.

    The whole "coverup" and changing stories is also an interesting byline.

  9. #654
    Join Date
    Jul 2005
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    Quote Originally Posted by mosi View Post
    I bring up the BAC to illustrate that if the kid was indeed a .27BAC, MUCH MORE CARE should have been taken by the WP in the transportation of his prisoner. The vid above shows a sober Officer being transported who cannot sit in a seat without bracing himself with his feet and both hands. Someone who is supposedly at a .27 BAC level would have a hard time sitting up in a chair or standing on level ground without swaying and losing his balance. Throw handcuffs on behind the suspects back and there is no way the kid should have been transported in any way other than sitting or laying on that boat floor. A competent WP Officer would have known that and acted properly.

    Of course that is IMHO......
    .
    .
    .... and I'm probably wrong because I was one of the few STUPID people that thought OJ was guilty.
    I am with you Mosi... Except for one small factor that is; this was NOT a normal sober kid. He was a star athlete that had a concoction in his blood that for what ever reason did not cause him to lie down and fall asleep. None of us will ever know what conversations, actions or mind set was when all this went down.

    I still want to know who/where he got the booze/drugs from in the first place. I Still feel this is part of the problem and that person should also be held accountable. Bars/restaurants that are caught serving to minors are held accountable with fines/loss of license and criminal prosecution. and in this case contributing to a death. Everyone agrees the WP is in the thick of it, I don't understand why the gallery don't see or acknowledge that as a problem that needs to be addressed.

    But lets start coming up with fixes to the problem that can be used for the future: How does one "attach" a arrestee to a boat for transport, what is the best way? In a squad car there is plexiglass, a plastic seat and doors without handles. A Boat, open cockpit and water all around it?
    B&B
    20.5 mm LOTO

  10. #655
    Join Date
    Apr 2006
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    Star Athlete:

    I think someplace his dad said he wanted to play college football. But the facts are He was not on the Arizona State football team roster for 2012 or 2013. He was two years removed from competitive athletics. That does not mean he was out of shape, or that he wasn't physically fit. Very few of the High School athletes I coached as seniors have the abilities as 20 year old college students to do the same workouts. Some do, some go on and get into cross fit, and fitness classes in college, but very few would ever be able to suite up and hit the field like it was day one.

  11. #656
    Join Date
    May 2005
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    Quote Originally Posted by bajaholic View Post
    I still want to know who/where he got the booze/drugs from in the first place. I Still feel this is part of the problem and that person should also be held accountable. Bars/restaurants that are caught serving to minors are held accountable with fines/loss of license and criminal prosecution. and in this case contributing to a death. Everyone agrees the WP is in the thick of it, I don't understand why the gallery don't see or acknowledge that as a problem that needs to be addressed.
    Have any of his friends that were with him that day stated if the kid was drinking while at Coconuts? If his BAC was that high, you would think he had to be drinking somewhere before the incident. It will be interested if Coconuts is brought into the inevitable lawsuit that will result from this tragedy.

  12. #657
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    Apr 2014
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    Quote Originally Posted by mosi View Post
    ....and...... at one point, the Officer had to hang on to the pole with right hand and brace himself using the dash with his left hand @ 38mph.

    lol..... By the looks of that vid, I might give odds against anyone who says they could sit in that seat with their hands cuffed behind their back and run laps thru the washwater without being thrown out of the seat and or boat

    Or at the very least not busting their face several times...This is not something I care to do, but has anyone seen a corners report for any brusies that might exist that says it was tramatic experience being bounced from the boat?

  13. #658
    Join Date
    Jun 2014
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    Quote Originally Posted by Bselby View Post
    Or at the very least not busting their face several times...This is not something I care to do, but has anyone seen a corners report for any brusies that might exist that says it was tramatic experience being bounced from the boat?
    I read somewhere he had a small abrasion on his nose and "neck injuries" it did not elaborate on the neck injuries.

  14. #659
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    Quote Originally Posted by mpally View Post
    Have any of his friends that were with him that day stated if the kid was drinking while at Coconuts? If his BAC was that high, you would think he had to be drinking somewhere before the incident. It will be interested if Coconuts is brought into the inevitable lawsuit that will result from this tragedy.
    It was possible to drink at Coconuts without buying a drink there. (I'm not sure of the current dock to bar setup) I'm not saying it is likely, but it was possible....

  15. #660
    lotobound Guest
    I think some people are putting way too much stock into this trace amount of cocaine. You would be amazed how many of you would have a positive test for cocaine or opium from food or over the counter medications. No question he was likely over the legal limit for alcohol and operating a boat which is a crime and he should have faced fnes and potential jail time but death? There is no question in my mind that this officer was sitting around the bar with the intent of picking up for BWI since he was hanging around there all day. He was not properly trained per his own words and was operating a boat in rough conditions at a high rate of speed with a passenger in handcufs with a life jacket not properly placed on him those are the facts and all that matters. If my one of my employees had this much disregard for safety of an individual they would be fired at a minimum and face potential legal issues. This officer was put on paid leave for a week and turned loose and from what I heard from others on this forum is back on the water and still isn't "trained". Not all WP officiers would should be held accountable for Brandon's death but this one should

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