Aug 7, 2006, 6:34 AM
Post #1 of 90
The following took place at the Laser Pacific Coast Championship, held July 22-23, 2006 at Cabrillo Beach Yacht Club in San Pedro, CA:
Gross Misconduct at Laser PCCs
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July 25, 2006
Reese Lane NJ
Laser Pacific Coast Championship
Re: Protest #1, Sail # 164380 Protestor / Sail # 180081 Protestee
The following are the Facts Found by the jury:
1. 180081on port tack and 164380 on starboard tack were sailing downwind within two boat lengths of mark 3s overlapped.
2. Mark Identified as 3s was not a mark of the course.
3. 164380 was inside boat to 180081 to 3s
4. 180081 gybed to port , 164380 responded and was able to keep clear.
5. 180081 continued to head up only to abruptly stop and bare away sharply, resulting in contact with 164380 which broke 164380’s tiller extension.
6. 164380 immediately hailed protest.
7. 180081 gybed away towards mark 3p.
8. 164380 tacked around 3s and proceeded to round mark 3p.
9. 164380 again hailed protest at mark 4 when 180081 had not done penalty turns.
10. 180081 rounded mark 4 just ahead of 164380.
11. After mark 4, there was yelling between the skippers. The skipper of 180081 yelled, “ If you (164380) don’t shut up I’m going to beat your ass”.
12. The skipper of 164380 called the skipper of 180081 a “big idiot”.
13. The boats split tacks and came together at the finish line with both boats finishing on port tack, 164380 finished ahead of 180081.
14. Shortly after finishing 180081 tacked to starboard and rammed 164380.
15. The skipper of 180081 pulled the boats together side by side and said to 164380 “ didn’t I tell you I was going to beat your ass”.
16. 180081’s skipper got halfway out of his boat and boarded 164380 and started to grab and punch the skipper of 164380, not once but at least twice.
17. The skipper of 164380 asked “What the fuck are you (180081) are doing”
18. The skipper of 180081 answered as he again attempted to punch the skipper of 164380 with an overhead punch “ Don’t you know who I am, you’ve fucked up my regatta”
19. The skipper of 164380 only put his arms up to defend himself and made no aggressive moves in response to the attack.
20. The boats separated, 164380 reported to the Race Committee of his intent to protest.
Conclusions and Rules That Apply
Rules that apply: 2, 10, 13, 14(b), 15, 16.1, and Gross Misconduct that requires a RRS 69 hearing.
Boat 180081 is penalized as follows: DNE for race #4. It is also decided that the complete protest, facts found and accompanying documentation be referred to US Sailing for further action on the RRS 69 hearing.
Note 1: 180081’s skipper did not attend original protest meeting on Sunday, July 23, 2006, He was notified of the protest hearing in the club parking lot by Mark Specter, the Protestor, that he was being protested but left the premises before the scheduled hearing.
Note 2: 180081’s skipper (Brodie Cobb) was notified in writing on Sunday evening, July 23, 2006 of the alleged misconduct and of the time and place of the scheduled RRS 69 hearing to be held on Monday, July 24, 2006. The RRS 69 notification letter was hand delivered to Cobb’s local address where the protest committee had been told he was staying. This notification included a copy of the original protest and the RRS 69 hearing notification letter.
Note 3: 180081’s skipper (Brodie Cobb) had a second copy of the RRS 69 notification hearing letter hand delivered to him by the jury chairman just before he left the dock to go racing Monday morning, July 24, 2006. The jury chairman was told that Cobb left the venue sometime after launching his boat. Cobb left a letter at Cabrillo Beach Yacht Club addressed to the jury foreman declining to appear at the scheduled hearing due to “business commitments.”
Note 4: Because of 180081 skipper’s (Brodie Cobb) decision not to appear at either the original protest hearing or the RRS 69 hearing, the jury decided to hear the adjourned valid protest to determine the Facts involved in the incident when all the other parties and witnesses (other than Mr. Cobb) to the incident were available.
Note 5: The protest hearing was tape recorded by two recording devices. A Wave copy of the July 24, 2006 protest hearing testimony will be sent to U S Sailing.
Note 6: The Jury, after hearing the testimony from the protestor and three witnesses, decided to report the incident to US Sailing with a strong recommendation for further RRS 69 or Article 14 action. Copies of the cover letter with a copy of the original protest, the facts found, and the Conclusions and Rules That Apply are sent to:
a. Executive Director, U S Sailing
b. Executive Director, North American Laser Association (Co - OA).
c. Commodore, St. Francis Yacht Club.
d. Commodore, Cabrillo Beach Yacht Club. (Co – OA)
e. Mark Spector
f. Brodie Cobb