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  1. Back To Top    #81
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    Quote Originally Posted by espringers View Post
    I think ladd got it right. Just my 2 cents.
    I don't really think so. The statute simply states that a person is guilty of a Class C felony if they negligently cause the death of another human being. I would actually agree if he had fallen out of boat because the law does not require you to wear that kill switch lanyard in a normal motorboat. The law does specifically require it for personal watercraft however, and it requires is specifically to avoid situations like this. The law recognizes people will operate personal watercraft in a manner that is different from normal motorboats and because of this difference in operation style a rider is more likely to be thrown from the watercraft thus the requirement to wear the lanyard to kill the motor. This incident was 100% what that law is designed to prevent. He didn't take proper care to prevent that personal watercraft from going out of control when there is a high probability that he would fall off and that failure to take proper care caused the death of another human being. Were there other contributing factors? Apparently there were but the biggest single factor that caused the death of that girl was this guy's negligence.

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  2. Back To Top    #82
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    While he may avoid jail time he most likely will have to deal with it financially and will have to live with it the rest of his life.

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  3. Back To Top    #83
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    Quote Originally Posted by Obi-Wan View Post
    thanks! I was looking for NDA member ladd - ha ha

    - - - Updated - - -

    Quote Originally Posted by CranknTFX View Post
    I wear my kill switch tether every time I'm on plane. I was thrown out of my boat at about 47 mph. No tether, no life jacket and a passenger in the boat. Luckily when I popped out of the water the back of my seat that I broke off was floating. When I located my boat it was in the middle of the lake doing circles at wot! My buddy that was with me was strong enough to hold on and get the boat shut down. I learned my lesson. I was really sore and bruised up for a week. If it would've happened earlier in the week when my boy was with I might not be able to tell this story. Always wear your lanyard! Never know what's going to happen and to who!
    yep - slim chance of being thrown - but if you are there's a high chance that you're done for

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    True freedom is not the ability to do whatever one wants or as one pleases without restraint, rather, true freedom is the ability to do what one ought to do.

  4. Back To Top    #84
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    Chances of a civil case against the driver? What about the owner of the jet ski that modified it? Kawasaki probably breathed a sigh of relief when they discovered the aftermarket modifications...

    Shitty deal all around no matter how you slice it.

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  5. Back To Top    #85
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    While I generally tend to like Ladd's reasoning and logic, I think I'm with the peanut gallery in that I'd like to see a bit more punishment for such a reckless disregard for those around you. Let's face it, this wasn't some backwater area on Lake Sakakawea or Oahe where a rider-less jetski poses little risk to the public. This was on a small recreational lake where there were likely numerous other people out on the water in close proximity to each other where an out of control jetski would have to be considered at high risk of hitting someone, or something of value.

    Disclaimer, I too have a 10 yr old daughter, and even if Mr. Dumbass had a pile of money that I could help myself to...that wouldn't make me feel like he "paid" for his piss-poor decision making.

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    Last edited by Allen; 08-09-2018 at 10:37 AM.
    "Suppose you were an idiot, and suppose you were a member of Congress; but I repeat myself." Mark Twain, speaking on Congress.

  6. Back To Top    #86
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    the ladd on here and the ladd at the SA's office are the same i believe. at least the ladd from FBO was the same ladd. i think the caveat to this is that the darn thing kept running at full throttle. lanyard or not, that is completely unexpected. unlike boats, jet skis aren't supposed to continue on without your thumb on the throttle are they?

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    Last edited by espringers; 08-09-2018 at 01:42 PM.

  7. Back To Top    #87
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    Quote Originally Posted by espringers View Post
    the ladd on here and the ladd at the SA's office are the same i believe. at least the ladd from FBO was the same ladd. i think the caveat to this is that the darn thing kept running at full throttle. lanyard or not, that is completely unexpected. unlike boats, jet skis aren't supposed to continue on without your thumb on the throttle are they?
    You are correct. Personal Water Craft (PWC) typically do not have neutral. When the engine is running, it's in gear. Coincidentally, they don't steer unless you're giving it throttle.

    The kill switch should be connected to the driver, so that if the driver is removed, the engine stops. Presumably the driver then swims to the PWC and climbs back on.

    Kawasaki used to make their JetSki (JetSki is a brand, by the way) so that they'd circle until the rider caught up to them. They'd idle and do circles. This was better than sailing off into the sunset, but was still a bad idea. People dick around close to shore, then fall off, and the JetSki hits swimmers, rocks, docks, etc.

    Why the PWC ended up tearing off at full throttle, is a mystery. I've seen people wedge a stick into their throttle though, as a form of Cruise Control. You can imagine the results if they're not using a tether.

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  8. Back To Top    #88
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    Quote Originally Posted by CranknTFX View Post
    I wear my kill switch tether every time I'm on plane. I was thrown out of my boat at about 47 mph. No tether, no life jacket and a passenger in the boat. Luckily when I popped out of the water the back of my seat that I broke off was floating. When I located my boat it was in the middle of the lake doing circles at wot! My buddy that was with me was strong enough to hold on and get the boat shut down. I learned my lesson. I was really sore and bruised up for a week. If it would've happened earlier in the week when my boy was with I might not be able to tell this story. Always wear your lanyard! Never know what's going to happen and to who!
    CranknTFX, just curious if you would be willing to share the circumstances of how you ended up in the water at that speed. Log, sandbar, boat wake? I think there's some value in there for us in the "learning from others" category as opposed to having to do it ourselves. Thanks in advance.

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  9. Back To Top    #89
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    Allan - 1996 chamber --- my partner drove like a fool and was trying to get on top of waves that just could not be on top (devils lake boat breakers) - he probably was only at 40mph --- hit one wave -- his body was ejected from the seat and he was hurdled back to the outboard. if the outboard wouldnt of caught him he would of been in the water. If he would of been by him self - good luck. I grabbed the wheel and drove the rest of the day --- we slowed down and actually won some cash.

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  10. Back To Top    #90
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    I wonder how many seconds the PWC traveled before hitting the tubers? A lot of lessons to be learned. If I were pulling kids on a tube and there were people running PWC's I'd try to get away from them and be VERY alert to where there were in relation to the tubers. I've seen those things travel 40-50 yards with the kill switch being used. I see boats and PWC's cruising around WAY to close to each other on OAHE and there's no reason for it on that lake.

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  11. Back To Top    #91
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    Quote Originally Posted by Rowdie View Post
    I wonder how many seconds the PWC traveled before hitting the tubers? A lot of lessons to be learned. If I were pulling kids on a tube and there were people running PWC's I'd try to get away from them and be VERY alert to where there were in relation to the tubers. I've seen those things travel 40-50 yards with the kill switch being used. I see boats and PWC's cruising around WAY to close to each other on OAHE and there's no reason for it on that lake.
    Considering the lake is only about 180-200 yds wide on its southern extent, about 300-500 wide on the northern part, and only about a mile long, I am guess just a few seconds. Like way less than ten, but I really don' t know.

    That is my issue with the decision to not up the charges on the guy.

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  12. Back To Top    #92
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    Quote Originally Posted by Allen View Post
    Considering the lake is only about 180-200 yds wide on its southern extent, about 300-500 wide on the northern part, and only about a mile long, I am guess just a few seconds. Like way less than ten, but I really don' t know.

    That is my issue with the decision to not up the charges on the guy.

    "Investigators say, once Bartsch was tossed, the vehicle traveled at least 460 feet before striking the girls."

    without knowing the actual distance and speed it is only a guess, I did find this chart

    1 mile per hour = 1.4667 feet per second
    10 miles per hour = 14.7 feet per second
    20 miles per hour = 29.3 feet per second
    25 miles per hour = 36.7 feet per second
    30 miles per hour = 44.0 feet per second
    35 miles per hour = 51.3 feet per second
    40 miles per hour = 58.7 feet per second
    45 miles per hour = 66.0 feet per second
    50 miles per hour = 73.3 feet per second
    55 miles per hour = 80.7 feet per second
    60 miles per hour = 88.0 feet per second
    65 miles per hour = 95.3 feet per second

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    I don't always get negative reps..... But when I do it's because some crybaby couldn't handle my posts!

  13. Back To Top    #93
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    Wow, Didn't the boat operator see it? Tragic, but I'd think there was a few critical seconds where the kids could have jumped off or been pulled away. On such a small lake there might be so much traffic you can't watch it all....IDK....just be safe out there when operating any craft at high speeds.

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  14. Back To Top    #94
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    The guy plead guilty and will pay a $475 fine.


    Dean Bartsch, 41, Minot, has entered a guilty plea and must pay fines and fees totaling $475 on a misdemeanor B charge of Prohibited Operation of Personal Water Craft. Bartsch entered the plea last week in South Central District Court in Washburn.
    Bartsch was the operator of a 2003 Kawasaki Jet Ski involved in a June 9 accident at Strawberry Lake in McLean County which resulted in the death of 10-year-old Haley Sundsbak of Des Lacs and extensive injuries to 10-year-old Abby Mikkelson of Minot. Bartsch had been thrown off the Jet Ski approximately 150 yards from where it made contact with the two girls who were being pulled on a tube behind a boat.

    The Jet Ski was equipped with a kill switch designed to shut off the motor of the Jet Ski if the operator is thrown from the machine. However, as Bartsch told investigators, he did not have the lanyard attached to his person but rather was holding it in his hand when he was ejected.

    The Jet Ski was estimated to be traveling from 25 to 75 miles per hour at the time it struck the girls. Testing of the Jet Ski by certified technicians following the accident revealed it had a “high idle and sticky throttle.” The Jet Ski was owned by Jason Fuller of Strawberry Lake.

    http://www.minotdailynews.com/news/l...-ski-operator/

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  15. Back To Top    #95
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    Cival case $$$$$$$$$$$$$

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  16. Back To Top    #96
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    Quote Originally Posted by Reprobait View Post
    The guy plead guilty and will pay a $475 fine.


    Dean Bartsch, 41, Minot, has entered a guilty plea and must pay fines and fees totaling $475 on a misdemeanor B charge of Prohibited Operation of Personal Water Craft. Bartsch entered the plea last week in South Central District Court in Washburn.
    Bartsch was the operator of a 2003 Kawasaki Jet Ski involved in a June 9 accident at Strawberry Lake in McLean County which resulted in the death of 10-year-old Haley Sundsbak of Des Lacs and extensive injuries to 10-year-old Abby Mikkelson of Minot. Bartsch had been thrown off the Jet Ski approximately 150 yards from where it made contact with the two girls who were being pulled on a tube behind a boat.

    The Jet Ski was equipped with a kill switch designed to shut off the motor of the Jet Ski if the operator is thrown from the machine. However, as Bartsch told investigators, he did not have the lanyard attached to his person but rather was holding it in his hand when he was ejected.

    The Jet Ski was estimated to be traveling from 25 to 75 miles per hour at the time it struck the girls. Testing of the Jet Ski by certified technicians following the accident revealed it had a “high idle and sticky throttle.” The Jet Ski was owned by Jason Fuller of Strawberry Lake.

    http://www.minotdailynews.com/news/l...-ski-operator/
    That's the first time I have heard he had the lanyard in his hand.

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  17. Back To Top    #97
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    Quote Originally Posted by Reprobait View Post
    The guy plead guilty and will pay a $475 fine.


    Dean Bartsch, 41, Minot, has entered a guilty plea and must pay fines and fees totaling $475 on a misdemeanor B charge of Prohibited Operation of Personal Water Craft. Bartsch entered the plea last week in South Central District Court in Washburn.
    Bartsch was the operator of a 2003 Kawasaki Jet Ski involved in a June 9 accident at Strawberry Lake in McLean County which resulted in the death of 10-year-old Haley Sundsbak of Des Lacs and extensive injuries to 10-year-old Abby Mikkelson of Minot. Bartsch had been thrown off the Jet Ski approximately 150 yards from where it made contact with the two girls who were being pulled on a tube behind a boat.

    The Jet Ski was equipped with a kill switch designed to shut off the motor of the Jet Ski if the operator is thrown from the machine. However, as Bartsch told investigators, he did not have the lanyard attached to his person but rather was holding it in his hand when he was ejected.

    The Jet Ski was estimated to be traveling from 25 to 75 miles per hour at the time it struck the girls. Testing of the Jet Ski by certified technicians following the accident revealed it had a “high idle and sticky throttle.” The Jet Ski was owned by Jason Fuller of Strawberry Lake.

    http://www.minotdailynews.com/news/l...-ski-operator/

    Thats quite the range for the estimated speed. this whole story makes my stomach turn.

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  18. Back To Top    #98
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    Quote Originally Posted by shorthairsrus View Post
    Cival case $$$$$$$$$$$$$
    True enough, but if the guilty party is poor doesn't the saying 'can't get blood from a turnip" apply? Can the court make the SOB pay from future earnings, etc? I have no idea, just curious, no good outcome from a tragic preventable accident. Makes me cringe recalling some of the dumb things I did when younger, especially while drinking.

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    I'm here to chew bubble gum and kick ass.... and I'm all out of bubble gum. RIP Rowdy

  19. Back To Top    #99
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    All that fine did was open it up for lawyers pay day.

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  20. Back To Top    #100
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    How is riding a jet ski with a stick throttle and no kill switch connected to you on a crowded lake any different than driving drunk?

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