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Old 05-05-2012, 12:27   #16
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Re: Tender Theft. What Would You Do?:

What I don't understand is why owner's of dinghies like that don't invest $100 in a tracking device!

That's all it costs for a tracker with a gps and a gsm or cdma cell phone device that is easy to hide, works off it's own internal battery and is recharged from the engine start battery.
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Old 05-05-2012, 12:36   #17
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Re: Tender Theft. What Would You Do?:

Drunks are stupid, we all know that. Not much harm was done. Why is it that here in the US we want to throw everyone in prison forever? I'm not sure that ruining the (army) guy's lives would have benefitted anyone. This way they'll be a little less stupid next time they're drunk.
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Old 05-05-2012, 12:42   #18
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Re: Tender Theft. What Would You Do?:

For taking my dinghy to get back onboard = no problem
For not bringing it back before I needed it = no problem(ish)
For doing the above whilst drunk = perfectly understandable

For then setting it adrift = death (or whatever other consequences are locally available)....not so much for taking the dink, but for being a-holes .

Impacting on their chosen job? SEP - suck it up.
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Old 05-05-2012, 12:52   #19
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Re: Tender Theft. What Would You Do?:

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Originally Posted by David_Old_Jersey View Post
For taking my dinghy to get back onboard = no problem
For not bringing it back before I needed it = no problem(ish)
For doing the above whilst drunk = perfectly understandable

For then setting it adrift = death (or whatever other consequences are locally available)....not so much for taking the dink, but for being a-holes .

Impacting on their chosen job? SEP - suck it up.
Walk the plank after spilling fish blood is the best in warmer waters.
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Old 05-05-2012, 12:52   #20
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Re: Tender Theft. What Would You Do?:

First, I don't see how the fact they were Army guys has any significance in this story. Would you treat them any different if they were firefighters, doctors, or stock brokers?

Second, this seems a case of stupidity and thoughtlessness rather than malice or premeditated theft. The idiots, in their drunken stupor, probably "borrowed" a dinghy, barely found their boat, and forgot to tie it on (leaving their wallets behind). A stern lecture from a police officer or a magistrate might teach them more of a lesson than pressing charges and possibly sending them to an already overcrowded prison for theft of property.
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Old 05-05-2012, 12:58   #21
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Re: Tender Theft. What Would You Do?:

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It really wasn't up to the couple who's dinghy was stolen to decide whether to press charges or not. Theft of an item worth more than $950 is defined as "Grand Theft" in California, and can result in jail time up to three years. Since it was a criminal offense, not a civil offense, it was up to the Sheriff to make the call.

Nice that they got it back!
Technically true, except that it is not the sheriff, but prosecutors who decide whether or not to file an "information", which starts the criminal process. In some states (I don't know about California; I'm not qualified there), grand larceny or grand theft requires an indictment by a grand jury, so not even prosecutors decide.

But to pursue the case, the DA or grand jury would have to compel the couple to testify -- you need a corpus delicti. You need to establish by testimony the basic fact that the dinghy was stolen and not, for example, loaned to the thieves. It is exceptionally rare for such cases to be pursued when the victim does not want to cooperate.

So practically speaking, it was for the couple to decide.
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Old 05-05-2012, 13:28   #22
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Re: Tender Theft. What Would You Do?:

Why did they not have a lock? A lock shouldn't be required, because since humans are not perfect, I'd say it's something to have. If nothing else I'd want one to prevent people from mistaking their boat for mine, and taking it back to their yacht, never even realizing it wasn't their dinghy!

If the key don't fit into the lock, odds are it's the wrong dinghy!

On the other hand, the guys that picked up the dinghy are clearly in the wrong. I'd likely have pressed charges. Taking things is not acceptable regardless of who you are, or were you are from.
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Old 05-05-2012, 13:56   #23
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Re: Tender Theft. What Would You Do?:

They would have scrubbed the bottom of my boat! Right there in the harbor along with the seals and the predators that feed upon them!



I have let people off before and it always came back to bite me in the arse.
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Old 05-05-2012, 13:59   #24
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Re: Tender Theft. What Would You Do?:

It really pisses me off when people think it's ok to let people off lightly because they were drunk, or young, or stupid.

It's way past bloody time that people accepted that their actions have consequences. The above excuses for their actions have nothing to do with it.
If you get drunk and step in front of a truck and lose a leg, that's the consequences and it affects the rest of your life. And if you ruin your career, tough. You did it. It was your choice to get drunk.

This inability for people to take responsibility is a big part of why our society is stuffed.
Most of us have never stolen someone else's dinghy, or car, or smeared grafiti all over someone else's fence.

Nail their thieving arses to the wall, and I'd expect you to do the same to me if i did it
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Old 05-05-2012, 14:46   #25
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Re: Tender Theft. What Would You Do?:

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Technically true, except that it is not the sheriff, but prosecutors who decide whether or not to file an "information", which starts the criminal process. In some states (I don't know about California; I'm not qualified there), grand larceny or grand theft requires an indictment by a grand jury, so not even prosecutors decide.

But to pursue the case, the DA or grand jury would have to compel the couple to testify -- you need a corpus delicti. You need to establish by testimony the basic fact that the dinghy was stolen and not, for example, loaned to the thieves. It is exceptionally rare for such cases to be pursued when the victim does not want to cooperate.

So practically speaking, it was for the couple to decide.
The Sheriff should have handed them over to the Military Police for action. In addition to a possible charge of theft, Armies tend to have all encompassing offences like "bringing the Army into disrepute" which catches all. Trust me appearing infront of the the Commanding Officer charged with that will be a far greater short sharp lesson they won't forget any time soon.

Me? I was just the guy that prepared the charges and occasionally got to utter the immortal words "march in the guilty bastard"

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Old 05-05-2012, 14:47   #26
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Lightbulb Re: Tender Theft. What Would You Do?:

In all fairness, let them off...
Install a 12 foot board across your deck, make them walk it off to the water... The walk of shame.
Traditions are lost... Would've been hilarious on youtube.
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Next time i'm sure...

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Old 05-05-2012, 14:51   #27
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Re: Tender Theft. What Would You Do?:

Take 2.

Give me 10k and walk away...
(I'll get a new mainsail and maybe a jib?)

Better than military justice...
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Old 05-05-2012, 18:04   #28
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Re: Tender Theft. What Would You Do?:

I would have requested to meet all three of them, if I felt that they were truly sorry for there crime I would not have pressed any charges, Karma does come around.
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Old 05-05-2012, 18:12   #29
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Re: Tender Theft. What Would You Do?:

Getting them kicked out of the army would have been doing them a big favor. So in this case, punish them now, they will thank you later.

Also, what the hell are you doing with an eight thousand dollar dinghy anyway? A thousand camels will not fit through the eye of a needle.
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Old 05-05-2012, 18:31   #30
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Quote:
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Getting them kicked out of the army would have been doing them a big favor. So in this case, punish them now, they will thank you later.

Also, what the hell are you doing with an eight thousand dollar dinghy anyway? A thousand camels will not fit through the eye of a needle.
Good grief.
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