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Man Gets 30 Days In Jail For Drone Crash That Knocked Woman Unconscious (arstechnica.com)
An anonymous reader quotes a report from Ars Technica: The operator of a drone that knocked a woman unconscious was sentenced Friday to 30 days in jail, Seattle prosecutors said. The woman was attending a local parade when the drone crashed and struck her. Paul Skinner, a 38-year-old man from Washington state, was charged with reckless endangerment in connection to the 2015 incident, in which an 18-inch-by-18-inch drone collided into a building before falling into a crowd. The authorities said the 2-pound drone struck the 25-year-old in the head and gave her a concussion. Her boyfriend caught her before she fell to the ground. Another man suffered a minor bruise. The accident took place during during the city's Pride Parade. Skinner, who had turned himself in, plans to appeal the sentence. His attorney, Jeffrey Kradel, said the punishment was "too severe." His client remains free pending the appeal's outcome. A misdemeanor reckless endangerment charge -- one that poses "substantial risk of death or serious bodily injury to another person" -- carries a penalty of up to a year in jail.
It seems that he broke FAA rules (I'm not familiar with those, but most countries' rules for model aircraft don't allow them to be flown over crowds). Because of the resulting injury, a stiff sentence would be in order. But in this case, as opposed to violent crimes and the like, there is no benefit in removing this guy from society for a bit, other than making an example out of him. Wouldn't justice be better served with community service? Especially since I'd think the guy is also on the hook to pay a substantial amount in damages to the girl, even if he's only ordered to pay actual damages.
If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
Even if it was, it was highly preventable. The risk of failure of these things is well known...
The risk was entirely obvious.
Very true.
Plus it was an unnecessary risk. Cars and planes and phone batteries and things, all have a balance of risk to benefit, which kinda set the "accident" threshold. A truck driver who knows he has a health condition which may cause him to pass out, is not "accidental". A person who knowingly transmits AIDS is not accidental. And so on. Otherwise it starts to sound like something out of Goodfellas, "hey there wasn't anything we could have done about it."
A person who is trying to be careful isn't going to fly drones over a crowd. And as for that TV company which dropped a drone on a skiier's head...
Punishment has four possible components
1. Protection
2. Deterrence
3. Rehabilitation
4. Vengeance
In this case, I think deterrence is the goal. This guy is likely never to do the same thing again, but many other drone owners are very likely to want to fly their drone over very large crowds. The temptation is there and it's very real. And in a way, the judge is not sending a message to the offender, he is sending that message to those other potential offenders.
There's a difference here between criminal and civil action. There's a fairly good chance she's going to sue him in civil court, (and settle for doctor bills, time off work, maybe some pain and suffering compensation etc) and that alone could be quite punishing. Don't think of this criminal sentence as the retribution for the crime, that will come later.
This is all about the criminal case. Try to keep in mind it is supposed to weigh things like criminal intent, deliberate as well as actual negligence with respect to the public, etc. There certainly was negligence here, but is the punishment appropriate?
If I'm riding my bicycle down the sidewalk (which is illegal in this city btw, you're supposed to keep to the streets to avoid hitting peds) and I am talking with my friend behind me and don't see that ped on the sidewalk and run into them, knock them down, I'm likely to do more damage to them than most drones. Maybe I even give the 'ol gal a mild concussion when she hits the sidewalk. There was no criminal intent, I didn't intend to be negligent but in the end I was. (and in this case I was even breaking a law, which here is used primarily simply to make the collision undeniably my fault, rather than to ticket or arrest me) Now, in addition to any civil case she may file against me, do I deserve a month in jail?
I think his chances on appeal are quite justified, and quite good. That judge needs some perspective rather than a knee-jerk response. He will probably get his sentence replaced with some sort of citation, pay a $350 ticket or so for some related offense. And that makes a heck of a lot more sense than jail time. (I'm assuming this is his first offense - obviously jail time starts becoming appropriate on repeat offenders in cases like this)
I work for the Department of Redundancy Department.
Consider that such a head trauma will leave her with a lifetime decrease in cognitive capabilities. Then it's not such a joke anymore.
I speak from experience: being knocked out is severe brain trauma, and it does leave consequences that never heal.
"The agriculture ministry is not in charge of Gundam" - Japanese ministry official.
Some mistakes you don't get to make. Mistakes have consequences. To real people. We can't just ignore them and pretend it didn't happen.
The other day one kid hit their sibling on the head with a toy truck. The hitter was yelling "Sorry!" at their crying sibling who yelled back "Sorry doesn't help!" You can be sorry. But "sorry" doesn't magically make it better. It doesn't roll back time.
Mistakes can cost you your job, your family, your reputation, and your freedom. That is why you have to think before you act.