Water Dog Charter Capt found at fault

[Bruce]

http://www.palmbeachpost.com/news/chart ... 39370.html


Popular fishing charter skipper Thomas C. "Capt. Tom" Henry was responsible for the freak accident Sept. 3 at the Jupiter Inlet that cost him his life, a state investigation has concluded.

Henry, 59, of Jupiter, a popular and accomplished charter boat captain for two decades, died on Labor Day, three days after he fell off his charter boat, the Waterdog.

"Mr. Henry operated the vessel in a careless manner by attempting to drive over the backside of the wave as he approached the inlet," Florida Fish and Wildlife Conservation Commission investigator Jon Garzaniti wrote in a report made available Tuesday.

First mate Tim Sperling, 54, disagreed with the finding.

"He was very meticulous and was always paying attention to what was going on," Sperling said Tuesday. "Things happen so fast on the water, a moment of carelessness might be one second."

Henry's widow, Pat, had not yet seen the report, and couldn't comment, Harriet Freeman, her Palm Beach Gardens attorney, said Tuesday.

"She always thought he was more than careful," Freeman said.

According to the commission's report, the white 48-foot 1986 Sportfish had been coming into the inlet in rough seas, returning from a charter with a family of five from Carrollton, Texas, when it hit a large wave.

The boat rolled to the left, nearly capsizing.

Henry, who was on the bridge, was thrown into the water; he struck the boat on the way down, breaking his neck, the report said.

The boat then made a 180-degree turn. Sperling realized no one was steering, took control of the boat, and called for help.

Palm Beach County lifeguards watched as the boat "plunged bow first into the trough and then pitched sideways," a Palm Beach County Ocean Rescue incident report said.

It said two lifeguards "witnessed something falling overboard and suspected it could be a person."

After the lifeguards radioed the boat but got no response, another boater called to say he'd spotted Henry in the water.

The lifeguards went out in a small boat and pulled Henry out.

He was taken to St. Mary's Medical Center in West Palm Beach. The boat was towed to Palm Beach Inlet.

The five customers had been bounced around by the wave, but were uninjured.

Diane Smith, 40, and sons Jacob, 4 and Ethan, 8, were flung about the cabin and a laptop flew off a table and struck Diane Smith's mother, Evelyn Maughon, 73, in the face.

"(I) saw the deck hand on deck trying to hold on," Diane Smith wrote in the wildlife commission's report. "A few minutes later my husband went upstairs and returned to the cabin and told us the captain was overboard."

Her husband Jeremy Smith, 37, who runs a pool service firm in Carrollton, near Dallas, said from Texas that the trip was the first time at sea for his wife and kids but that Capt. Henry "was super kind to my boys." He described the incident as "pretty scary."

The family landed back in the Dallas area the day Henry died. "That was heartbreaking," Smith said.

[Bob H.]

Why do we always have to find WHO is at fault...Things just happen..The Captain paid the ultimate price...and how many times did he safely get the Waterdog in that inlet under similar conditions. BH

[IRGuy]

I think the answer to your questions can be answered in one word...

Lawsuits

[Bruce]

Because its human nature to find fault in everything.

[Rocky]

I see what your saying Bob, why can't a news reporter say it was the Forces of Nature? Did the observants see exactly what the Capt. was trying to do to avoid the broach? From the distance of the beach? Hope it's not for money, that would be terrible.

[Brewster Minton]

Its about money.

[jrhaszard]

A saying from sailing days was the world cares little about the storms you weathered,but only that you brought home the ship

[coolair]

or how bought how the heck does some d bag fish and wild life guy really know what happened and whos fault it was stupid

[keysdisease]

video:

http://www.youtube.com/watch?v=n2BsevU1Y_U


frame by frame:

http://www.foxnews.com/slideshow/us/201 ... es#slide=2

Rather than stay in the trough the Captain decided to drive over the wave in front of him. Tragic

[Kevin]

Wow, things are getting low in here. Thanks for posting the pics, at least that clarifies how it happened for all the d bags.

[In Memory Walter K]

The poor guy was whipped out of his seat. Nothing short of a seat belt would have kept him there. The only one hurt was him. Let him rest in peace. Think back and every one of us who have run our boats back in rough water have experienced a situation that could have ended in tragedy. Who is suing?...and shame on them! He more than paid.

[SteveM]

I can't imagine who would be suing. Unless it's his life insurance company not wishing to pay out. That's my guess. Tragic.

[John Brownlee]

I don't understand why you guys are so surprised about this, it's routine. In any fatal accident situation, be it a car wreck, airplane crash, or even a boating accident, the authorities always investigate to determine the cause of the accident. It's not necessarily about assigning blame as much as figuring out what went wrong and why.

[bob lico]

i make it my best possible chance of survival to go over the wave and into the next trough rather then let the following wave come down on the cockpit . who the hell made that decision, sounds like a landluber who`s never encounter a nasty inlet. word of advise don`t listen to this stupidity judge every inlet with big waves as a seperate encounter take one wave at a time never a set rule because mother nature has all the cards!!!!