APRIL

Cheboygan mariner indicted for sinking his boat

A 57-year-old Cheboygan, Michigan man was indicted on October 24 by a federal grand jury in Bay City on four charges stemming from his conduct on May 14 and 15, 2007. United States attorney Stephen J. Murphy was joined in the October announcement by Rear Adm. John E. Crowley Jr., commander of the 9th Coast Guard District.

Count 1 of the indictment alleges that the mariner caused and permitted the destruction and injury of his boat, the Misty Morning, in Lake Huron and the Cheboygan River. Count 2 charges that he violated the federal Clean Water Act by discharging pollutants into navigable waters. Count 3 alleges that he sank the Misty Morning in the navigable channels of Lake Huron, while count 4 charges that he failed to mark the sunken vessel with navigation aids after it was underwater.

“This indictment resulted from the Coast Guard and Michigan Department of Environmental Quality working side by side to investigate this matter,” Crowley said.

If convicted, the mariner faces a maximum penalty of 10 years in custody and a fine of $250,000 on count 1, and three years in custody and penalties of $50,000 per day on count 2. Convictions on counts 3 and 4 would subject the boater to a mandatory minimum sentence of 30 days in custody and a maximum of one year, plus per diem fines of $25,000. Forfeiture of the vessels used by the boater to tow the Misty Morning, as well as a loss of his mariner’s license, are other potential consequences of convictions in this case.

An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

The case was investigated by the Coast Guard Sector Sault Ste. Marie, Coast Guard Investigative Service and Michigan Department of Environmental Quality.

MARCH

Ohio Flood

Michigan boater sentenced to house arrest.

A St. Clair Shores, Michigan boater was sentenced on September 18, 2007 to two years of probation, three months home detention with electronic monitoring and a $2,000 fine for operating a recreational vessel on Lake St. Clair in a grossly negligent manner. The defendant pleaded guilty to this offense in May. At the sentencing hearing, Judge Patrick J. Duggan ordered the man to complete a Coast Guard Auxiliary boater safety course prior to operating any pleasurecraft in the future.

According to court documents, on August 24, 2005, the defendant was operating a high-performance pleasurecraft and nearly collided with a Station St. Clair Shores Coast Guard vessel. He was traveling at a high speed at night without a proper lookout and in an area congested with sailing vessels. He was also boating under the influence of alcohol. A lookout on the Coast Guard vessel alerted the coxswain in time to avoid a collision. The Coast Guard eventually caught up with the defendant to conduct a boarding. When the Coast Guard pulled alongside, the operator refused to comply with instructions and was verbally abusive. He maneuvered to prevent a boarding, though the officers were eventually able to get aboard. Once ashore, the operator was arrested by special agents of the Coast Guard Investigative Service.

“Our office is committed to protecting the public from the dangers of unruly and intoxicated boaters,” said attorney Stephen J. Murphy. “Boaters who mix drinking and intoxication with transportation on our district’s waterways risk collision with one of the many sailing vessels or even a Coast Guard boat that might be sailing nearby. Aggressive prosecution of these types of cases, we hope, will help avoid results that might have been tragic.”

Since the defendant’s arrest, Congress has passed new legislation that imposes stiff sanctions on boat operators who fail to slow or stop their vessel, obstruct or impede a boarding, or provide false information to a federal law enforcement officer during a boarding of a vessel. An operator who violates this new law may be imprisoned for up to five years, fined $250,000, or both. “In most cases, boaters stop when signaled and comply with directions given to them by Coast Guard boarding officers,” said Capt. Patrick Brennan, commander of Sector Detroit. “However, boaters who fail to stop or who are operating their vessels while impaired by alcohol place themselves, their passengers, the public and the Coast Guard at great risk. Alcohol use is ranked as one of the top 10 contributing factors in all boating accidents.”

7/16 • POC medevaced • Traverse City, MI • Grand Traverse Bay
The CG medevaced a CGC Mackinaw crewmember, 45 YOA, for medical concerns at approximately 06:30. A/S Traverse City crew launched its HH-65C Dolphin helo to transport the POC, who was experiencing severe abdominal pain. He was hoisted from the CGC and flown to Cherry Capital Airport, where he was transferred to awaiting EMS. CASE CLOSED.

7/17 • Man medevaced • Alpena, MI • Thunder Bay
The CG medevaced a male, 56 YOA, from a ship near Alpena, Michigan. A/S Traverse City launched its HH-65 helo to recover the man from the Canadian M/V Montrealais after he reported abdominal pains and nausea. The man was transferred to awaiting EMS and taken to Alpena General Hospital. He was listed in stable condition. CASE CLOSED.

7/19 • EPIRB leads to rescue • Frankfort, MI • Lake Michigan
William S. Cooper was returning to Glenview, Illinois in the 33-foot S/V Talisman after participating in a race when his mast collapsed in heavy seas. Cooper switched to motor power but realized his S/V did not have enough fuel to make it to shore. His radio was malfunctioning and his cell phone had no service, so he activated his EPIRB. An HH-65 helo from A/S Traverse City arrived O/S. Station Frankfort deployed a 30-foot UTB to tow the vessel back to Frankfort. The positive results of this incident are attributed to the O/O’s use of the 406MHz EPIRB, which reduced CG response time. CASE CLOSED.

7/19 • Two rescued from sinking P/C • Bayfield, WI • Siskiwit Bay
The CG rescued two POB after their boat sank 100 yards off shore outside Siskiwit Bay at approximately 21:00. Station Bayfield arrived O/S with a 30-foot UTB and tried to pump water out of the 39-foot P/C Toy House Two. When the pump failed, they took the POB and brought them to shore with the intentions of returning with an additional pump. By the time they returned, the P/C had already sunk. MSU Duluth sent a response team to assess the damage and any potential pollution. CASE CLOSED.

7/22 • Teen medevaced • Ludington, MI • Lake Michigan
A teenager was medevaced from an isolated beach at Ludington State Park. The male, 13 YOA, dislocated his shoulder and injured his back while playing. Local EMS responded but couldn’t reach the teen by ambulance. The CG met EMS at the beach, and the paramedics carried him to the 30-foot UTB, which took the boy to a nearby boat ramp. There he was transferred to an awaiting ambulance, which took him to Ludington Memorial Hospital. CASE CLOSED.

7/24 • Woman medevaced • Charlevoix, MI • Grays Reef
A woman, 43 YOA, broke her wrist while moving about the deck of a 45-foot S/V near Grays Reef. She was rescued by a 25-foot RB from Station Charlevoix and transferred to awaiting EMS on shore. She was taken to Northern Michigan Hospital and was listed in stable condition. CASE CLOSED.

7/24 • Seven POB rescued • Middle Bass Island • Lake Erie
The CG rescued seven POB from a vessel that ran aground near Middle Bass Island. The 33-foot F/V Angler Away ran aground 200 yards off shore on a rock shoal and began taking on water. Station Marblehead arrived O/S and transferred a member of its crew with a pump to begin de-watering of the Angler Away. Because of the depth, the 25-foot RB retreated to deeper water and contacted A/S Detroit for assistance. An HH-65 helo arrived and deployed an RS to assist the POB. All were hoisted safely to the helo. The POB were then transferred to awaiting EMS at Put-in-Bay Airport with no medical concerns. The helo returned to recover the Station Marblehead crewman and the RS. The Angler Away was recovered by a local salvage company. CASE CLOSED.

7/26 • CG searches for teen • Sault Ste. Marie, MI • St. Marys River
The CG, along with federal, state, county, local and tribal assets, continued to search for a teenager in the St. Marys River. The search began Wednesday after Sector Sault Ste. Marie received notification from 911 central dispatch of a male, 13 YOA, calling for help at 19:00. Central dispatch was notified by a local boat O/O and people on shore who witnessed a child go under the water after screaming for help. Station Sault Ste. Marie launched a 25-foot RB, and A/S Traverse City launched an HH-65 Dolphin helo. Additional assets were provided by local tribal police and the Chippewa County Sheriff’s office. CASE PENDS.

7/26 • Man saved • Chicago • Chicago River
The CG rescued a PIW near the Halsted Bridge in the Chicago River. A 25-foot RB from Station Calumet Harbor arrived O/S, and a crewman jumped in the water to keep the PIW from drowning. The PIW was pulled onto the boat and taken to awaiting EMS. It is not known why the victim was in the water. The incident is under investigation. CASE PENDS.

7/27 • Four rescued from PWC • Hagar Shores, MI • Lake Michigan
The CG received a call from a good sam who spotted four PIW, all teenagers, approximately 500 yards off of the beach near Hagar Shores, Michigan. It is believed their PWC’s propeller was tangled in some loose line. Station St. Joseph arrived O/S in a 25-foot RB and recovered the four PIW. All were wearing PFDs and were in good condition. The PWC was towed to shore. CASE CLOSED.

FEBRUARY

A Lake Michigan squall ends fatally for three.

It was a fairly temperate late-October evening when four men ventured out from Chicago’s Monroe Harbor onboard the 35-foot racing sailboat Jason. Their destination: Crowley’s Yacht Yard near the Indiana border, where the boat would be stored for the winter.

The waters that day, however, were rough and unforgiving. Coast Guard Station Calumet Harbor reported 8-foot seas and winds sustained at 29 knots, gusting to 35, on the evening of Wednesday, October 24.

As the crew, headed by the boat’s owner, John Finn, 45, approached Calumet Harbor around 8:15 p.m., things quickly went wrong. According to the Chicago Tribune, Alexander Childers, 38, fell overboard as the crew was preparing to take down the sails close to a breakwall.

Station Calumet Harbor received the mayday call from the sailboat, while the three men still onboard the boat—Finn, Adam Kornen, 33, and Joseph Sunshine, 34—tried to rescue Childers, circling the water where he went overboard.

With the crew distracted, the boat proved no match for the rough waters. It smashed into the breakwall near 95th Street and the Calumet River and disintegrated, leaving all four men to fend for themselves in the water.

As soon as the mayday call was received, “Calumet Harbor deployed a 25-foot small response boat and a 41-foot utility boat,” said William Colclough, Coast Guard public affairs specialist, 3rd class. “Waves were too rough for the 41-footer to get near the breakwall, but the 25-footer was inside with calmer waves.”

In an interview with Sailing, Petty Officer Michael Arnold of Station Calumet Harbor, who coordinated the rescue, said that the Coast Guard arrived at the breakwall within five minutes of the mayday.

“However, they gave us a wrong location at first that put us at the other end of the breakwall from where they were,” Arnold told the magazine. “It probably took us another five to eight minutes to get to the other end.”

After 45 minutes in the 54-degree water, the men—all wearing lifejackets but no harnesses—were located along the breakwall. “They had a hard time finding the guys,” Arnold said. “Eventually they just happened to get them in the spotlight up on the wall.”

The 25-footer recovered two of the men. A Chicago Fire Department helicopter recovered another, and the Chicago Police Department Marine Unit recovered the last.

Sunshine, who was suffering from hypothermia, was conscious at the scene and survived the ordeal. The other three men were not so lucky. Accidental drowning was cited as the cause of death for Finn, Childers and Kornen.

“The Coast Guard advises everyone to be acutely aware of the weather and sea conditions,” Colclough said.

Arnold reiterated the importance of PFDs to Sailing. “All four of them had lifejackets on, and that’s what allowed us to pull them out of the water,” he said. “If they hadn’t had them on, we wouldn’t have recovered anyone. At least we were able to recover their bodies for the families.” –Colleen H. Troupis

7/12 • Teen medevaced • North Manitou Island, MI • Lake Michigan
The CG medevaced a male, 13 YOA, from North Manitou Island, Michigan. A/S Traverse City launched its helo to transport the teen, who was experiencing lower abdominal pain, to the Traverse City Airport. CASE CLOSED.

7/11 • PIW rescued • Cleveland • Lake Erie
The CG rescued a male, 45 YOA, after he fell into the water near the Edgewater fishing pier at approximately 21:40. Station Cleveland Harbor personnel launched its 25-foot RB to aid the PIW. After pulling him to safety, they transferred him to awaiting EMS. The PIW had no injuries and was released. CASE CLOSED.

7/8 • Flares lead to rescue of three • Milwaukee • Lake Michigan
The CG received a report of a vessel taking on water at approximately 21:35, then received a report of three flares. CG Station Milwaukee’s crew launched a 41-foot UTB and 25-foot RB in response. After the Station Milwaukee crew had Frank Affatigato, 46 YOA; John Paine, 46 YOA; and Jennifer Paine, 29 YOA, on board, they confirmed that they had launched the flares. All three POB were wearing PFDs. The rescue crew transported the boaters to shore where EMS was waiting, but they all refused medical treatment. CASE CLOSED.

7/1 • Family rescued • Toledo, OH • Lake Erie
Station Toledo received notification at 24:00 hours of an 18-foot P/C taking on water near Consumer’s Power Plant approximately five miles north of Toledo, Ohio. A 25-foot RB and an HH-65 rescue helo arrived O/S, and the RB’s crew recovered the four POB and brought them back to shore. The mother and two children were wearing PFDs. CASE CLOSED.

6/28 • Helo medevacs boater • St. Joseph, MI • Lake Michigan
A/F Muskegon and Station St. Joseph medevaced a man, 28 YOA, experiencing a serious medical condition one mile off shore of St. Joseph, Michigan. Two crewmembers from Station St. Joseph boarded a 33-foot Chris-Craft and delivered oxygen to the man with an EMT kit. They then assisted the man into the hoist basket of Muskegon’s HH-65C rescue helo for transport to an airport with awaiting EMS. The man was in stable condition upon hoist-up. CASE CLOSED.

6/27 • Man falls in water • Cleveland • Lake Erie
The CG rescued a man who fell in the water at Cleveland’s North Coast Harbor. A 25-foot RB and a 41-foot MLB arrived O/S, and the RB recovered the older man as well as a Cleveland FD firefighter who jumped in to help keep the man afloat. The man’s breathing was unsteady. Rescue breaths were administered, which stabilized his breathing. He was transferred to local EMS. CASE CLOSED.

6/22 • Small boat capsizes • Rochester, NY • Lake Ontario
Station Rochester received notification of people in distress after one POB the P/C Spirit Wind made radio mayday calls. A Station Rochester crew launched its 47-foot UTB to assist the POB. A good sam noticed the people in distress and was en route to assist as well. Once O/S, the Station Rochester crew pulled the three PIW on board its boat and transited back to Braddock Bay. The good sam took the boat in tow and followed the CG into the harbor. All three POB Spirit Wind were wearing PFDs. CASE CLOSED.

6/22 • Capsized canoers rescued • Bayfield, WI • Lake Superior
CG Station Bayfield received notification after a good sam witnessed two canoers capsize their vessel. The good sam went to the nearby ranger station, and the park service relayed the information to the CG. After approximately 30 minutes, the Station Bayfield crew was able to pull the two PIW on board their small boat. The crew performed CPR on one of the hypothermic men because he was unresponsive. Both were transferred to awaiting EMS. The unresponsive man was life-flighted to a Duluth hospital and was in critical condition. The other PIW was transferred to a local Bayfield hospital. CASE CLOSED.

6/21 • Three rescued • East Chicago, IN • Lake Michigan
A boat crew from Station Calumet Harbor and a flight crew from A/F Waukegan were diverted from a training mission to assist Sean Malone after he swam to the breakwall in the Indiana harbor. The O/O’s small boat submerged around 15:00. Good sam Chuck Weiss assisted the other two PIW to safety on board his 25-foot P/C. The CG rescue helo hoisted Malone from the breakwall, then transferred him to the Station Calumet Harbor 41-foot small boat. The CG and the good sam transferred the three PIW to the East Chicago Marina. CASE CLOSED.

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