Father of the 8-year-old killed in a collision on San Diego Bay calls dispositions to date ‘disappointing’
The court-martial for the Coast Guard petty officer who was piloting a patrol boat involved in a fatal collision on San Diego Bay in 2009 was scheduled to begin in early March. The crash claimed the life of 8-year-old Anthony DeWeese and left his family searching for accountability as military and civil processes proceed separately.
The Coast Guard patrol boat — a 33-foot foam-collared aluminum vessel powered by triple 275-hp Mercury four-stroke outboard engines — struck a 26-foot Sea Ray 240 Sundeck on Dec. 20 while en route to assist a grounded boater. The Sea Ray was occupied by the DeWeese family and two other families who had been waiting south of Harbor Island to watch a holiday boat parade.
Anthony’s father, Alan DeWeese, and the family’s attorney, Michael Neil of Neil, Dymott, Frank, McFall & Trexler, say the Sea Ray was stationary when it was struck. Neil and Alan DeWeese have said the rescue boat appeared to be traveling between 30 and 40 mph, a speed that, if accurate, would have had devastating consequences in the crowded waters of the bay.
Two of the five Coast Guard crewmembers aboard the patrol boat faced military charges under the Uniform Code of Military Justice. Petty Officer Paul A. Ramos, the coxswain and a 3rd class boatswain’s mate, was charged with involuntary manslaughter, aggravated assault, negligently hazarding a vessel and dereliction of duty. Petty Officer 2nd Class Ian Howell was charged with negligent homicide, with Howell’s court-martial scheduled for May. The involuntary manslaughter charge carries a possible sentence of up to 10 years in military prison; negligent homicide and aggravated assault each carry potential sentences of up to three years.
Other crewmembers faced lesser or no formal punishments. In late January, military authorities issued a written reprimand to Petty Officer Brittany N. Rasmussen for dereliction of duty; earlier charges of negligent homicide and aggravated assault against Rasmussen were withdrawn in December 2010. Petty Officer Lavelle Teague had a dereliction-of-duty charge dropped in November after a non-judicial punishment hearing concluded there was insufficient evidence. No charges have been announced against the fifth crewmember, whose name the Coast Guard has not released.
Those limited dispositions have frustrated the DeWeese family. “It definitely is not what we were looking for,” Alan DeWeese said of the reprimand issued to Rasmussen. He called the outcomes “disappointing” and expressed concern that the military process has not mirrored what he believes would occur in a civilian court.
The family’s civil case against the Coast Guard was filed in February 2010 by Neil and lists the two other families aboard the Sea Ray as co-plaintiffs. The 11-page lawsuit, reviewed by Soundings, alleges that the Coast Guard boat violated multiple state and federal codes and regulations, including the Inland Navigation Rules Act and the Coast Guard’s own boating safety rules. The complaint does not specify a monetary amount.
Because the naval personnel are subject to ongoing military proceedings, the civil lawsuit has been effectively paused. Alan DeWeese has said his legal team cannot complete witness depositions, discovery, or set further court dates until the military actions conclude. In addition to the court-martial process, the family continues to await the results of separate investigations by the Coast Guard and the National Transportation Safety Board.
The crewmembers involved have reportedly defended their actions by pointing to alleged structural defects in their vessel and problems with training and leadership. Those assertions are part of the military record and are expected to be considered as the summary court-martial and subsequent trials move forward.
The collision prompted strong reactions from the local boating community, where residents and recreational boaters voiced long-standing concerns about the speed and conduct of some government patrol craft on San Diego Bay. “The boating community knows what’s going on down there,” said DeWeese, who lives in Rancho Peñasquitos, noting that many boaters have observed Coast Guard vessels operating at high speeds. He said he hopes further details will emerge as investigations and court proceedings continue.
As the military timeline advances with the Ramos and Howell court-martials, the DeWeese family and their attorneys remain focused on both the criminal and civil paths to accountability. They are awaiting full findings from the Coast Guard and the NTSB while preparing to resume civil discovery once the military cases are resolved. For the DeWeese family, the goal is a clearer understanding of what led to the collision and appropriate responsibility for the loss of a young child.
This article originally appeared in the April 2011 issue.