moguy1973 Posted September 4, 2013 Posted September 4, 2013 http://www.kmov.com/news/local/Case-of-fatal-float-trip-shooting-on-Meramec-River--222326271.html -- JimIf people concentrated on the really important things in life, there'd be a shortage of fishing poles. -- Doug Larson
Feathers and Fins Posted September 4, 2013 Posted September 4, 2013 No surprise there. Defense has a argument founded in law and will try to use it. Will it hold up? That will be up to a Jury but probably not. I still believe if the states would simply make a clear clarification of water rights and property lines many problems would go away. High water to High water line is Public Property / Public Use such a simple thing to do. As to the actions of people using the rivers that is another problem and only Law Enforcement can solve it but with limited budgets I don't foresee it getting much attention. https://www.facebook.com/pages/Beaver-Lake-Arkansas-Fishing-Report/745541178798856
Quillback Posted September 4, 2013 Author Posted September 4, 2013 Could be an interesting trial for sure.
Old plug Posted September 4, 2013 Posted September 4, 2013 It is not that simple there need to be something done about the U S navagatable waters issue. Like it or not U S law trumps state law.
Members Tearin Up Topwater Posted September 4, 2013 Members Posted September 4, 2013 Wow, that KMOV article sure is bias.
fishinwrench Posted September 4, 2013 Posted September 4, 2013 Crocker's defense, that he "believed" he was defending his property (whether he was or not) is valid per the gray area that has been allowed to exist. And now someone has lost their life because of the "gray area". The way I see it the gray area can never be decided upon and a concrete ruling made concerning river rights going forward. Using this incident to sway the decision either way is not right, but NOW..... that has become impossible to avoid. Am I wrong?
gotmuddy Posted September 4, 2013 Posted September 4, 2013 On July 20, Dart, a carpenter, and around four dozen other members of an extended family gathered at a campground for their annual float trip along the Meramec. A few hours into the trip, Robert and Regina Burgess stopped their canoe on a gravel bar. Robert, who had drunk about three beers, decided to relieve himself, he testified at the preliminary hearing. that calls the witness into question. 3 beers wouldnt make it past the ramp. everything in this post is purely opinion and is said to annoy you.
Smalliebigs Posted September 4, 2013 Posted September 4, 2013 yep...... but not a big surprise as the media is a bastion for the left who detest the "stand your ground laws" as they call them or the Missouri Castle Doctrine if you live in Missouri.....I think they will be lucky to get a manslaughter charge to stick.....one thing for sure, both parties involved in this case were stupid as shiot Wow, that KMOV article sure is bias.
Quillback Posted September 4, 2013 Author Posted September 4, 2013 Crocker's defense, that he "believed" he was defending his property (whether he was or not) is valid per the gray area that has been allowed to exist. And now someone has lost their life because of the "gray area". The way I see it the gray area can never be decided upon and a concrete ruling made concerning river rights going forward. Using this incident to sway the decision either way is not right, but NOW..... that has become impossible to avoid. Am I wrong? I can see where it is possible that the judge could make a ruling on the whole confusing property rights thing as it pertains to rivers in MO. It also seems to me impossible to avoid in this case, but I'm no attorney.
Feathers and Fins Posted September 4, 2013 Posted September 4, 2013 Wrench I think it is unavoidable at this point. If the defense is going to use the property rights clause then someone will have to make an official ruling on what that right is if not it opens one appeal after another for Crocker till it is settled. If the court rules to centerline of the river it is a major blow to water users. If it is High water to High water then it would be a blow to property owners that I think would try and somehow get compensation from the state for it taking over their property. It should be interesting and I think the defense is by inadvertent action is going to force this issue to be settled once and for all. https://www.facebook.com/pages/Beaver-Lake-Arkansas-Fishing-Report/745541178798856
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