Underwater Assault over a reef in Kona

[Patwa]

Originally Posted by reefermadness

I doubt he "attempted" or intended to murder her.

If he really wanted her dead he could have made a better attempt than that.

He really should get an assault charge with the max sentence though.

indeed, there was no pre-meditation or intention to "kill" ... she caught them with their collective pants down. The response was coloured with rage and anger - 100% 'in the heat of the moment' case here. If fate had it that she was not able to retrieve her regulator, she would ultimately end up in a coma or dead.

the worse that could happen was that she could lose her life - thus, it's 100% attempted murder. Thankfully, she survived, but she was lucky - and had the experience to know what to do in that situation.

he may be charged with attempted murder, but that would be up to Hawaii 5-0 (hehehe) and/or the district attorney, but methinks if it does go to trial, it'll be manslaughter in the end.

Originally Posted by Slick Fork

I can't think of too many instances where taking away somebody's ability to breath is not attempted murder; what you're suggesting is like running somebody over with your car and saying "if I wanted them dead, I would've gone faster". Pretty sure that he'd be looking at either manslaughter or second degree murder charges.

+1

Originally Posted by reefermadness

It was careless, it was stupid, it was evil but attempted murder? No matter what we think or the courts it would only be what was in this guys mind at the time. Was his intent to end her life. My guess from the information i know is no.

weak attempt or not, his actions put her life in jeopardy. you don't have to be a trained and certified SCUBA diver to really fully understand what it means when someone rips your regulator off whilst 50ft underwater..........the point is that he took her air away, the ONLY means she has to sustain her life in that situation.

It's like me locking you in a dark room and sucking all the air out and leaving you to find the door so you can let air in....all because I took your picture.

attempted murder....110% ...but it'll be manslaughter in the end coz there was no pre-meditaton or intent, i say