# Berlin boating deaths trial update



## louisvillefisherman (Jun 9, 2012)

I have been following this case and thought I would update the group on the status.

This is a case of a doctor who allegedly got drunk and took his speed boat out on Berlin Lake around midnight and opened the throttle up putting the boat on plane in the dark which resulted in a collision with a small fishing boat killing the two fishermen in it.

The jury trial has been pushed back several times. It is now scheduled for 7-10-17 to be heard by Mahoning County Common Pleas Judge Durkin.

The doctor is pleading not guilty. From what I can gather from the docket, his defense is two fold. 

The defense contends:

- The State cannot prove he was drunk because they did not refrigerate the blood until an hour after it was collected.

- The State cannot prove that the deaths of the fisherman was a direct result of a collision and would like to examine the fishing boat with an expert provided by defense.

I will provide more updates as they become available.


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## All Eyes (Jul 28, 2004)

Thanks for the update. I was fishing there that eve. and left before it happened. It really bothered me. I was talking with some of the guys at the ramp as they were heading out.


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## sherman51 (Apr 12, 2011)

thanks for updating us. hope they hang him.
sherman


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## Specwar (Sep 22, 2014)

What an unconscious SOB. Can't prove it, so therefore I did not do it ?????


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## leeabu (Apr 10, 2004)

Specwar said:


> What an unconscious SOB. Can't prove it, so therefore I did not do it ?????


Isn't innocent until proven guilty one of the major principles of our justice system??? That said I hope they are able to prove his guilt and punish to the full extent allowed by law.


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## Specwar (Sep 22, 2014)

Yes it is. It is alleged that he was involved so without having prior knowledge of the case, I can only assume there must be some evidence connecting him to this incident. My statement was based on that assumption, and perhaps I should have said, "if" he is actually the one that did it and is denying causing two deaths, he is an unconscious SOB for doing so.


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## caseyroo (Jun 26, 2006)

How ironic....a doctor who saves lives, but in this case can't prove it, I didnt kill them?


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## sherman51 (Apr 12, 2011)

unless there is evidence that he was the one that did this horrible thing he just might get away with murder. but he has to be found not guilty by 12 people.
sherman


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## M.Magis (Apr 5, 2004)

His lawyer is grasping at straws. Whether he was drunk or not doesn't change what happened. He would likely still be charged if he wasn't drinking. 
Without knowing how the the two gentlemen died, I can't figure out where they're going with that second part. I would think it would be pretty easy to verify the accident killed them.


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## razu (Jun 19, 2006)

One died one still alive to testify


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## louisvillefisherman (Jun 9, 2012)

razu said:


> One died one still alive to testify


Yes, you are correct. I mistakenly wrote that neither survived but looking back at the news report you are absolutely right, one was fortunately brought ashore alive.


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## bobberbucket (Mar 30, 2008)

If you look back to the post "Berlin boat boat wreck" my buddy and fellow member here mousejam515 and some of his friends assisted those poor fisherman after the wreck that night. After being Alerted by someone on shore. They got the gentleman who lived out of the water. And helped get the one out who didn't.


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## driftfish101 (Jun 25, 2011)

The sad thing is i see people on Milton and Berlin still open up there boats at night. Flying accross those lakes and have had some come a little to close for comfort. Actually there are tons of idiots on the water during the day as well, and I fish at night a lot to get away from them. Too many people with no damn sense in there head out on the water.


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## Specwar (Sep 22, 2014)

I was unfortunate enough to meet two brothers that unloaded their jet boat late one night at Nimisilla across from the Falcon Lounge on the North end, had one of their buddies take the trailer to the South end ramp, proceeded to fire up the boat and make a full throttle run to the trailer, loaded, and left before anyone could call the Sheriff. Both were drunk as hell and thought this was the best thing they ever did. Sad world. (this took place in 1981)


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## sherman51 (Apr 12, 2011)

there was a bunch of us camping down at Brookville several yrs ago. we set trot lines and on the way to check them my brother n law who is married to my wife's sister opened up his 18' boat and ran wide open for about half the length of the lake. he thought this was fun. all I could do was hold on to the windshield and watch for boats. oh yeah he turned off his lights so he couldn't be seen running down the lake. we were very lucky that nothing happened. that was the last time I rode in a boat at night with him. there is idiots everywhere, we call them that 10% that just don't get it.
sherman


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## PLXfisherman90 (Feb 4, 2016)

I hope they do everything to prove that the surgeon was 100% at fault. The man that died was my uncle. My family has been dealing with this for too long. Speeding at night is just plain out stupid and uncalled for.


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## baitguy (Dec 17, 2013)

sherman51 said:


> unless there is evidence that he was the one that did this horrible thing he just might get away with murder. but he has to be found not guilty by 12 people.
> sherman


I'm not an attorney but I think he has to be found GUILTY by 12, if any 1 of them find him not guilty it's a hung jury and up to the prosecutor to re-try him or dismiss ... that said, it sounds like a rich, privileged punk who can afford a slick lawyer to try and get him off on a technicality ...


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## chevyjay (Oct 6, 2012)

Actually there are tons of idiots on the water during the day as well, 
you don't needs brains to have a boat, just money.


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## Buick Riviera (Jul 15, 2007)

Thanks for the update. The State is smart enough to know that whether he was drunk or not doesn't determined whether he is guilty. If he broke the law resulting in the death of another, enough said.


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## bdawg (Apr 14, 2009)

I hate seeing these trials strung out like this! The guy is just trying to stay out of jail as long as possible. These delays really just hurt the family of the deceased by delaying their closure.


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## James F (Jul 2, 2005)

The innocent until proven guilty is what sticks on my craw, the opposite is true for the bureau of Workers Comp. I was almost killed in an Industrial accident, and I am being accused of fraud from day one. My company has put it on hold for the past 3 years. The lawyers are not going to be very happy , The company didn't do anything with the investigation. They have tried to cover up most of the evidence. Well that's not going over very good, because my attorney has it all on file.I believe that this Doctors case will not go well for him, unless its true that money does talk.I hope he gets the max.


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## Whaler (Nov 16, 2004)

I would think if he hit their boat and knocked them in the water and one died he would be responsible for the man's death one way or another . Defense attorneys are sly foxes though. I was on jury duty a few years ago and during his opening arguments the defense attorney told us it would only take ten minutes to find his client not guilty. He was a fancy dressed attorney with slicked down black hair who looked like he just came out of a gangster movie. Well, we deliberated for two hours and found his client guilty on three of four counts. That attorney wasn't slick enough for us.


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## baitguy (Dec 17, 2013)

they could be angling for manslaughter instead of murder, I believe in some cases that's a misdemeanor and not a felony ... and Dr. gets to keep his license ...


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## top shelf (Apr 16, 2009)

We are all sorry for your families loss. May the man responsible for this heinous crime spend the rest of his behind bars.


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