Charges Possible

[CUSO]

While it is tragic that the events that took place caused the loss of life, I myself compare it to the following: if a plane load of skydivers jump from an aircraft and one or more parachutes do not open, and skydivers lose their lives, do you charge the pilot ?

Just my opinion.

Were waivers signed?

 

[powder junkie]

bottom line is that everyone who attended and rode the hill did it under their own will. dave clark cant be held responsible. no one was forced to attend and climb. sure we can hate the guy for not cancelling it but he cant be charged. we all know the risks and we all take chances when we go. hopefully smarter decsions are made next time by fellow riders.

 

[Stocky]

He's had over a week now to seek legal council and be governed accordingly. The longer it takes to find him, the better the chances of some sort of charges are. I don't believe Dave should be held accountable, but he should've shown his face by now. He's only making himself look that much more guilty!

Again, just my 2 cents.

 

[CUSO]

Everywhere I read, the RCMP state that they are looking into charges.

They do not say who. Why jump to conclusions it is Dave Clark?

 

[polarice]

Everywhere I read, the RCMP state that they are looking into charges.

They do not say who. Why jump to conclusions it is Dave Clark?

it says in the article they are looking for him

 

[CUSO]

it says in the article they are looking for him

Exactly my point, why draw conclusions?
Of course they are looking for him. They have many questions, and he probably has some answers. No where I have read that the police were looking to charge him.

 

[scotts]

Was he profiting from this event.if he was then he`s got problems. more so on the civil side of things than criminal

 

[SLY]

If I say I am having a show & shine in my parking lot this weekend and you come to town and get in an accident at the other end of town, am I responsible I certainly wouldn't be avoiding the cops (well, no more than normal )

 

[Bogger]

He's had over a week now to seek legal council and be governed accordingly. The longer it takes to find him, the better the chances of some sort of charges are. I don't believe Dave should be held accountable, but he should've shown his face by now. He's only making himself look that much more guilty!

Again, just my 2 cents.

To the general public maybe.... but the general public is not what matters in the court of law. I'm sure by now he has sought legal council and would be acting on thier advice. Best thing he can do at this point is what his lawyers say.

 

[steel town]

I'd be willing to bet Dave has had legal advise and they told him to keep his mouth shut and say nothing, because he had nothing to do with it.

Live by the sword die by the sword, all of us risk takers understand that.

 

[snochuk]

It all depends on the situation.


True, it is your choice if you want to sled up a hill. GIVER!
Lets say you get stuck, and someone else decides to blatantly carve a trench around you, causing your demise.... is that your choice? It certainly was the other person's/// I am not saying that is what happened, but if it did, hypothetically I can see charges being laid.

I had a few people do that very thing earlier this season to me, trying to get into Big Blue. It was the most helpless feeling. All I could do was hold onto my avalanche bag ripcord. Luckily nothing tragic came out of it. I was ready to beat the living $hit out of them, luckily a friend calmed me down. If I would have assaulted him, I could have been charged with assault. Would it matter that I was in the backcountry??

I think charges will not be laid upon Ozone Dave, IMO.

I don't think charges will be laid either and no matter what your friend said you should have beat the idiot senseless that looped over you.......make that more senseless than he already is!

 

[imdoo'n]

maybe they will change the name of the book Where is Waldo to where is Ozone Dave

Dave's not here man!

 

[Modman]

Definition of a Quasi Contract: Court's determination of an obligation of one party to another where no actual contract exists. It is based on the parties' conduct, mutual relationship, and/or on the possibility that one would be unjustly enriched at the expense of the other. In strict legal terms a quasi contract does not constitute a formal contract, but is a legal remedy that allows a plaintiff to recover an award or benefit conferred on the defendant.

I think that's as clear as mud..don't you
O'Zone needs to come forth. Hiding is only going to make this worse. Like the law says; innocent until proven guilty.

Well that's a great definition of a quasi-contract but it does not answer the question of a Quasi-Organizer?

The organizer did not have mutual relationships with the people on the hill, the organizer would not have become enriched (unjustly or otherwise) from this event, and there was no obligation from any party to any party. I don't think anything or anyone's actions that day qualifies as any of the above under a quasi-contract. No one put a gun to anyone's head and said they better go climb Turbo or park at the bottom - everyone was there of their own free will. Unless someone comes forward with witnesses that can substantiate a claim that they were forced to participate, I really can't see anything sticking.

Sure he could be the good guy that comes forward and says something, only to have it be twisted around, mis-interpreted and used against him later. yeah - no thanks.

How does anyone know that he hasn't actually spoke to the cops? Unless there is concrete proof of anything, I wouldn't make accusations about jack sh!t. Are we not innocent until proven guilty? Or did I not get the memo where we changed the legal system back to how it was in the 1500's?

Are we burning witches at the stake now too?

 

[Transporter]

Was Dave flying around in the helicopter filming video of the climbs? Whos event was this?

 

[CUSO]

Here is a link from a thread on Snowest. It is a first hand eyewitness event to why I think there may be charges, not to dave, but to the guy who "allegedly" triggered the Avy. That is the reason to why I think the charges could be real.



Revy avalanche - Page 12 - SnoWest Forum

 

[knee deep in it]

the one thing that will really bother me is if the Revy club gets charged. Dave is a business man and can probably afford a lawyer who would have this joke of a charge dismissed pdq. The revy club is a non profit and they cannot afford a lawyer.

Even though they didn't do anything wrong, defending a charge would be very hard on them.

 

[all-4-stroke]

you know what, in our every day lifes we take risks starting as soon as we hit snooze on our alarm clock. because from that point on your potential for injury or death is substancialy increased by the fact you are in motion and encountering hazards that did not exist while you were stationary and in bed. so now does this mean that we can trace every car crash, suicide bomming, shooting, bridge collapse, broken ankle and all unexplained deaths back to the fact that the person in question was set in motion by an alarm clock? well yes its possible that had they not been woken up by the alarm clock they might still be alive. but on what planet and in what universe does this make sense to anyone?!?!?!? to me this is exactly what is going on here but only poor dave is the alarm clock in this crazy world that the media and people who have nothing better to do then read articles and judge you have created. but you know what people of this fu barred world???? somedays even my dumb ass knows enough to hit the snooze a second time!

 

[Vertical-Extreme]

I posted this on snowest as well, and after reading this thread I copied it over too.

I think it is about time everyone lays off the "ozone guy" and yes I was guilty earlier too. but since some of the facts of the day came out and I had some time to think about what I had wrote I went back and deleted my posts placing blame on anyone. the events for the day were done, and no one put a gun to anyones head that morning in the parking lot. we are all adults and know the risks of the back country. The only reason there was a big iron shoot out in the first place was so everyone could get together and have fun.

 

[scotts]

Some thing i wonder at is whether his family and friends know of his wherebouts and well being, this man could be feeling a load of guilt, for right or wrong, over this incident and i would hate to see it claim another victim.

 

[dumbassracing]

This thread is a bleeping joke. Anybody on here that thinks charges should be laid should never be allowed to ride in the mountains again because of their own stupidity, and are not worthy of riding mountain sleds. Crap happens in the mountains, especially this year. So matter what the rag papers and media say, let it go. People that frequent this site are really getting tired of all the crap about avalanches and who's fault what is, let it go and start talking about something worth talking about.

And to quote Bubba the Love Sponge

"THIS PLACE IS BULLCHIZ (with a z) I'M OUTTA HERE"