« on: December 14, 2005, 02:55:02 PM »
UNITED STATES OF AMERICA, -against- PATRICK RYAN
365 F. Supp. 2d 338
OVERVIEW: The collision occurred after the assistant captain, who was piloting the vessel, became incapacitated; 11 passengers were killed. The indictment charged defendant, the New York City, New York, Director of Ferry Operations, with failing to enforce a "two-pilot rule" that would have required both the captain and the assistant captain to be in the pilothouse. The indictment charged defendant with violating § 1115 both as a public officer and as an executive officer. The court found that the prosecutor's argument that a public officer could be convicted without a showing that his negligence was knowing and willful was irrational. Also, the defendant was not a "public officer"; his position was not created by statute, nor were the duties of the position defined by law. Given the various amendments to § 1115, "public officers" within the meaning of the statute were federal officers involved in enforcement of the legislative scheme. As the court intended to submit an aider and abettor charge to the jury, which could lead to defendant's liability regardless of his status as an executive officer, it was not necessary to consider whether defendant was an executive officer under § 1115.
OUTCOME: Defendant could not be charged as a public officer, but the court declined to decide defendant's motion to dismiss the charges based on defendant's status as an executive officer.
I'm not sure if this is the one you're looking for... this was just from a glance