More sad avalanche death news.

[Mike King]

I do wonder what the complexities are of prosecuting this case as a criminal matter. I guess we will find out.

 

[Tricia]

View attachment 68397

Hellllppppgllspshshavavdjphh

This picture made me giggle.

 

[Ken_R]

I do wonder what the complexities are of prosecuting this case as a criminal matter. I guess we will find out.

Ducking the rope is a conscious act, did they know it was illegal?, probably. The avalanche danger was considerable and well forecasted. The slope they rode is know avalanche terrain with a known avalanche path into a known well used trail.

Its criminal negligence or maybe just strict liability.

So, at worst, they can be charged and convicted with Negligent Homicide. At best they are liable for what happened.

There are some attenuating circumstances like the fact that they searched for possible victims in the debris pile.

Sad case for everyone.

 

[Monique]

^^^ No doubt.

It's also worth noting the comments in the report regarding the victim not wearing a beacon, as was previously discussed here:

The report’s authors said it was “not unexpected” that Garcia-Atance was not wearing an avalanche beacon for a short trip along a well-used trail.

“The outcome of this accident would probably not have changed if (he) was wearing an avalanche transceiver, but the search would have been significantly shorter,” reads the report.
https://coloradosun.com/2019/03/22/salvador-garcia-atance-avalanche-report-telluride/
​

The revelation that it was permanently closed terrain infuriates me. It would be bad enough ducking a rope for a shortcut to terrain otherwise accessible via the backcountry gates. Doing so to ride permanently closed terrain is inexcusable, even more so given the potential consequences down below. I suspect this is exactly why it's permanently closed.

Ducking the rope is a conscious act, did they know it was illegal?, probably. The avalanche danger was considerable and well forecasted. The slope they rode is know avalanche terrain with a known avalanche path into a known well used trail.

Its criminal negligence or maybe just strict liability.

So, at worst, they can be charged and convicted with Negligent Homicide. At best they are liable for what happened.

There are some attenuating circumstances like the fact that they searched for possible victims in the debris pile.

Sad case for everyone.

It's clear that they knew proper backcountry protocol- one at a time, beacons, probe search. I wonder if that increases their liability. These weren't people ignorant of the risks.

 

[Ken_R]

It's clear that they knew proper backcountry protocol- one at a time, beacons, probe search. I wonder if that increases their liability. These weren't people ignorant of the risks.

It certainly won't help their defense if there is one.

 

[SBrown]

This picture made me giggle.

Probably was in poor taste in a serious-ish thread, but ... I have to be silly.

 

[SBrown]

I have moved the tangential discussion on legal ramifications stemming from avalanche deaths HERE.

 

[raisingarizona]

I just got word that the San Miguel sheriffs department and the San Juan NF just closedthe back country gates off telluride ski area and have made it a federal offense to duck any ropes.

Although posters here have said ropes and closures are for a reason that’s not always the case and when you have ignorant and fearful people deciding on policies you can have serious ramifications.

 

[tball]

I just got word that the San Miguel sheriffs department and the San Juan NF just closedthe back country gates off telluride ski area and have made it a federal offense to duck any ropes.

Although posters here have said ropes and closures are for a reason that’s not always the case and when you have ignorant and fearful people deciding on policies you can have serious ramifications.

Oh, boy. Sure it isn't April fools? It would be a poor choice of day to announce that. Source?

Nothing on the Sheriff's website. I don't think they do April fools.
https://www.sanmiguelcountyco.gov/201/Sheriff

 

[raisingarizona]

Oh, boy. Sure it isn't April fools? It would be a poor choice of day to announce that. Source?

Maybe so.....

 

[raisingarizona]

It was......how’d I fall for that?

 

[Monique]

That seems like a pretty poor April Fool's joke ...

 

[Kemperski]

That seems like a pretty poor April Fool's joke ...

Holy shit! Someone thought that was funny?

 

[Andy Mink]

did they know it was illegal?

I've heard many wise people say that ignorance of the law is no excuse. I believe some of them found out the hard way at one or more points in their lives.

 

[jmeb]

Jones Pass incident report is out. It is even more damning for the snowcat operation than most imagined.

https://avalanche.state.co.us/caic/acc/acc_report.php?acc_id=709&accfm=inv&view=public

 

[coskigirl]

I've heard many wise people say that ignorance of the law is no excuse. I believe some of them found out the hard way at one or more points in their lives.

It's actually taught in criminal law class in law school. Ignorantia Legis neminem excusat.

 

[James]

40 minutes from burial to ambulance is pretty good. The trauma was just from the snow tumbling? Doesn't say anything about hitting trees or rocks.

 

[Mike King]

Wow. The report seems to really highlight the issue of familiarity. Very sad.

Mike

 

[Analisa]

The trauma was just from the snow tumbling?

I imagine it was a tree based on the pictures and the partially buried client that heard them snapping in the slide.

 

[HardDaysNight]

Jones Pass incident report is out. It is even more damning for the snowcat operation than most imagined.

https://avalanche.state.co.us/caic/acc/acc_report.php?acc_id=709&accfm=inv&view=public

This is one of the more terrifying reports I’ve read in a long time. RIP.