NTSB Issues Ethan Allen Investigation Report

Here is the Executive Summary:

NATIONAL TRANSPORTATION SAFETY BOARD
  Public Meeting of July 25, 2006
  (Information subject to editing)
 
  Report of Marine Accident Report
  Capsizing of New York State-Certificated Vessel
  Ethan Allen
  Lake George, New York, October 2, 2005
  NTSB/MAR-06/03

This is a synopsis from the Safety Board’s report and does not include the Board’s rationale for the conclusions, probable cause, and safety recommendations. Safety Board staff is currently making final revisions to the report from which the attached conclusions and safety recommendations have been extracted. The final report and pertinent safety recommendation letters will be distributed to recommendation recipients as soon as possible. The attached information is subject to further review and editing.

EXECUTIVE SUMMARY

On the afternoon of October 2, 2005, the New York State-certificated public vessel Ethan Allen, with a New York State-licensed operator and 47 passengers on board, departed the marina at Lake George, New York, for a cruise of the lake. The vessel proceeded northbound along the western side of the lake at an estimated speed of 8 mph. As it neared Cramer Point, the operator began a turn to the right. At the same time, the Ethan Allen encountered a wave or waves generated by one or more vessels on its starboard side. Within a few seconds, the Ethan Allen rolled to port and overturned. It began to sink several minutes later. Operators of recreational vessels nearby observed the accident, proceeded immediately to the site, and began rescuing survivors. The operator and 18 passengers survived without injury. Three passengers received serious injuries, 6 received minor injuries, and 20 received fatal injuries in the accident. The resulting damage to the vessel and its components was estimated at $21,000.

The Safety Board’s investigation of this accident identified the following major safety issues: 

• Stability standards and procedures for passenger vessels;
• New York State’s use of manufacturer’s capacity plates to determine public vessel passenger loading; and 
• Regulation of New York State’s public vessels.

As a result of this investigation, the Safety Board makes recommendations to the U.S. Coast Guard and to the State of New York.

CONCLUSIONS

1. Weather conditions were not a factor in this accident.
2. The attempt of the Ethan Allen operator to turn the vessel into the on-coming wake before the capsizing was a normal reaction to the circumstances, but not timely enough to be effective.
3. Operator fatigue was not a factor in this accident.
4. Because drug and alcohol testing of the Ethan Allen operator as not done in a timely manner, the toxicological analysis was inconclusive.
5. The Ethan Allen’s hull structure and steering and propulsion components were not factors in the accident.
6. At the time of the accident, the bilge might have contained, at most, an insignificant amount of water which would not have affected the Ethan Allen’s stability.   
7. The addition, and subsequent modification, of a canopy changed the Ethan Allen’s stability characteristics.
8. Although U.S. Coast Guard regulations and New York State’s guidance to vessel owners did not contain clear requirements pertaining to testing after modifications, the Double Dolphin/Ethan Allen should have undergone a stability reassessment after each canopy installation and modification.
9. Because the Double Dolphin/Ethan Allen did not undergo stability assessments after the addition and modification of its canopies, it was certificated to carry too many passengers. The certificate of inspection permitted 48 passengers, but stability criteria should have limited the number to 14 passengers.
10. Although it was the Ethan Allen that was involved in this accident, the potential for capsizing was substantially the same for the de Champlain.
11. The combination of too many passengers, as permitted by the Ethan Allen’s inappropriate certificate of inspection, and the use of an out-of-date average weight standard for passengers on public vessels resulted in the Ethan Allen carrying a load that significantly reduced its stability, which made it more susceptible to capsizing on the day of the accident.
12. The Ethan Allen capsized as a result of insufficient stability, which made it unable to right itself from the combined forces of a passing wave or waves, a sharp turn, and the resulting involuntary shift of passengers to the port side of the vessel.
13. New York State’s reliance on manufacturers’ capacity plate data to determine maximum passenger limits on public vessels carrying more than six passengers for hire is an inappropriate use of the Coast Guard noncommercial boat standard.
14. New York State public vessel operators do not have a simple and ready means such as a mark on the hull to determine whether their vessels are overloaded.
15. For almost all of the passengers, survivability was not adversely affected by the presence of preexisting medical conditions.
16. The emergency response was timely and effective.
17. The postaccident actions of New York State to improve the level of safety of public vessels were prompt and, if implemented, will address issues identified in the accident investigation.

PROBABLE CAUSE

The National Transportation Safety Board determines that the probable cause of the capsizing of the Ethan Allen was the vessel’s insufficient stability to resist the combined forces of a passing wave or waves, a sharp turn, and the resulting involuntary shift of passengers to the port side of the vessel. The vessel’s stability was insufficient because it carried 48 persons where postaccident stability calculations demonstrated that it should have been permitted to carry only 14 persons. Contributing to the cause of the accident was the failure to reassess the vessel’s stability after it had been modified because there was no clear requirement to do so.

SAFETY RECOMMENDATIONS

As a result of its investigation of the Ethan Allen accident, the National Transportation Safety Board makes the following recommendations:

To the U.S. Coast Guard:

1. Provide guidance to States on U.S. Coast Guard standards for and assessment of stability of small passenger vessels. (M-06-XX)

To New York State:

2. Address safety deficiencies identified in the investigation of the Ethan Allen accident and issue technical guidance to vessel owners on inspection requirements for modified vessels, stability assessments and criteria, means for determining maximum safe load condition, drug and alcohol testing, manning, and safety briefings. (M-06-XX)

 

3. Discontinue the use of capacity plate data associated with the U.S. Coast Guard’s noncommercial boating standards for determining passenger loading on public vessels that carry more than six passengers and adopt the U.S. Coast Guard’s small passenger vessel inspection standards. (M-06-XX)

The report and web cast are available here.

..........................................................................

Meanwhile, the ship owner continues to deny its negligence.

Defendants accused in the overturning of a boat that killed 20 elderly tourists last year on an Adirondack lake in New York argued in court papers they weren't at fault and the accident was caused by events beyond their control....

Attorneys for Shoreline Cruises and Captain Richard Paris deny any negligence, pointing instead to "an unforeseeable sudden emergency'' or to "an act of God.''

"It's our position that there was a wake that swamped the boat,'' said Fred Zinober, attorney for the company and captain. Paris told sheriff's investigators the same thing. The Ethan Allen was under its passenger limit of 50, had cruised before fully loaded and went out hundreds of times since it was modified and never had problems, he said.

As reported at The Insurance Journal.

___________________________________________

Suit blames Coast Guard in Ethan Allen capsizing. Scarano Boat Building cites federal government's approval of boat's capacity

Add the United States Coast Guard to the list of those who might be to blame for the capsizing of the Ethan Allen and the deaths of 20 senior citizens. That's what attorneys for Scarano Boat Building have done in U.S. District Court by suing the U.S. government to hold the Coast Guard responsible for its 1966 approval of the Ethan Allen to carry 50 passengers.

As reported at timesunion.com

___________________________________________

Ethan Allen Owners Say Accident Was “Act of God”

Shoreline Cruises Inc. of Lake George and boat captain Richard Paris are claiming that the accident which claimed the lives of 20 senior citizens last October on Lake George was an “act of God” and could not have been prevented....Also named as a defendant is Scarano Boat Building Inc. of Saratoga Springs which performed modifications to the Ethan Allen, replacing a canvas top with a heavier fiberglass canopy. Scarano also installed plexiglass windows around the boat which may have added to the instability.

The NTSB is continuing its investigation into the cause of the accident and expects to release a preliminary report in the coming weeks.

As reported in The North Country Gazette.

Comments

[Kay T.]

This seemed easilly avoidable.It may have been an act of God, but overloading the boat wasn't.
Kay T.

[SNW]

The numbers I used as I said were all insanely skewed in your favor, even the 5 million figure - The figure i saw was for 2004 and was for i believe 8 million - it was quoted in one of the regional newspapers - i googled it. I cut it down by 3 million just to compensate for exaggeration. But as a resident of that area for a long time, it wouldn't surprise me at all, we get a large amount of overflow form people heading to the track in Saratoga Springs, and although cruising is popular in Lake George it is certaintly not the only thing to do, I don't need to give out a whole list of what people do in LG.

You missed my point on internet security, I don't care if the government reads any comments i make online - other than it's a waste of my tax dollars. What I do care is in 2 or 3 years if I want to leave my current job the very first thing someone that is seriously considering my resume will do is search my name. The only information I want other people to know about me before actually meeting me, is what I put on my resume. I want to be directly in control of what someone knows about me, and I don't want to have to talk about a tragedy on an interview, or have to say - Oh yeah I'm into hang gliding, or that I asked for such and such advice on accupuncture. Maybe they'll refuse to hire me because hang gliding is dangerous, or they are uncomfortable with the idea of accupunctre - people are funny with their prejudices, and I don't want to risk getting a future job because I post on a cooking forum. Or because they viewed my comments too harsh to a family member of a victim of a tragedy.
But whatever I'm sure you can at least understand someone's desire to retain some level of anonymity in this world, I just went into the whole privacy bit because you were lambasting someone for not signing their post.

You should actually read the nstb findings, the pump in question was replaced two to three months earlier, and if the problem existed before the boat went out it would have stalled the boat out within seconds, meaning that the gap was caused by the accident, or actions afterwards. So still nothing was broken. No negligence, the boat was inspected and well maintained, they did everything they believed they should - the state inspections were up to date - they just didn't have reason to believe this would ever happen. They didn't make the boats, and the additions they added to the boat actually increased it's stability according to NTSB findings - The boat was certified to hold the number of people it was holding and because of some confusion on the dock the extra crew member didn't go on - that's from the ntsb reports. The real problem was the boat never should have been certified to hold that many people - the thirty years of experience with the boat - which was well maintained - let the operators think it was safe, and the state certifying that it is safe led them to the same conclusion. The fact is that the fault boils down to an unstable boat design and out dated safety standards used by the state. The operators of the cruise ship inspected these boats regularly and they were well maintained - as the NTSB reports show.
So before you jump up and down screaming murder, really set yourself aside and take an impartial look at the situation. These people could have never predicted this accident, and had no reason to believe their boat was unsafe, they only had reason to think the opposite, their actions taken by any uninvolved person would not truly be viewed as negligent.

As I've said before go ahead with your boycott, now or in a few years, I doubt anyone will even notice. So for your purposes a boycott in two years will have nearly the same impact as one now.

As for you saying I'm here to take advantages of gullible Americans, grow up. First I don't run the campaigns, I make any decisions regarding technology, second we're not politicians, we try to help ourselves by helping other businesses. This industry provides a useful and necessary part of the economy, people want to trust who they're giving money to, and for the most part that's what we do - we develop professional business identities, we help get names out there so people realize what's available and real. The real goal of advertising is to establish brand recognition and trust. It's not taking advantage of people, it's vital to any business, and if they can't do it on their own then we step up and help them, it's business. A talking gecko is a funny gimmick, and it works, it doesn't defraud people, it gets across a comapanies message in an amusing way, but anyone watching television knows when they see it that it's an advertisement, not a message from God telling them they should buy Geico insurance.

I hope you can find peace in this issue, but suspect you will never be happy with this until you see someone punished, and that's just not going to happen here.

--SNW

[Ronald Zdrojewski]

SNW,

I am going to be ostracized by my wife’s sisters, and my wife is very angry, but I have to say what I have to say. I’m not concerned about any money relating from a law suit, I simply want legal Justice.

I just heard the news about the NTSB’s report. As little as displayed by the press and the radio news, there seems to be some kind of conflict about the pumps. However, as you said, “If it ain’t broke don’t fix it.” Well as it happens to be, it was broke and the owner didn’t fix it. And the Captain did not do what he should have done—inspect his boat out before he went out. In my mind that is Negligent Homicide as I first blurted out earlier in the year. Neither the owner nor the captain followed rules of safety for passengers. In my esteem estimation, the owner and the captain should be jailed for the deaths of 20 people. The Sheriff should be dismissed for his innocuous action of simply smelling the breath of the captain, instead of doing a breathalyzer.

As I have said earlier, I have to stop all of my activities concerning the boycott until the civil action is over. Win or lose, I am coming back. It will more difficult since law suits take a very long time, but I will be back, trying my best.

Gone for a time,

Ron Zdrojewski

[Ronald Zdrojewski]

SNW,

You are quite correct about an illegitimate child of Ron Zdrojewski seeking his father; and if you searched further, you would have noticed that I gave him details of the family history that I have researched in Warsaw, Poland, when I was there. When I write emails, I don’t care who watches, simply because, I have nothing to hide. For example, I heard about someone causing an explosion as a result of trying to make plastic explosive. I was curious, with no intent, to find out how one would produce such. So I Googled and found out the procedure. I’m sure the Fed’s were monitoring my quest, just as they will be now, since I mentioned plastic explosives. You tell me, you are in advertising. Do you think whoever is monitoring me will go upward and possibly further to a republican President and then down to a republican Governor to find out what’s happening on this website?

Now you can understand that those two words are advertising for me. Someone is going to check out this website well above the Governor of New York. Hopefully, it will backwash to the Governor, to the Sheriff and to the District Attorney. I don’t know what information you have about the circumstances surrounding the Sheriff, but if you are unaware, then, you need to subscribe to the North Country Gazette on line. I corresponded with the managing editor of the Times Union. She wrote me that she was unaware of the dissention existing in Warren County and that the paper was going to look into it. They did nothing. I found out that they were aware, especially the managing editor. So much for truth from the 5th estate! I had to ask myself, “What kind of backing does this Sheriff have, that even the press won’t go after him?” Are the people in Upstate that fearful of making waves? My nephew over there, says yes.

I believe you were too generous in your percentages. I expected lower. I had planned for time, and over a long term to repeat and repeat over the “Net” and to acquire new email addresses as I went along. Every time I received a phone call from an advertising program, which is from all areas of this country, I would get my message to the person trying to persuade me about the promotion and tell them to send me the information. This makes them happy and I have had an opportunity to present mine to him or her. Do I get one in ten or one in twenty? Your guess is as good as mine.

I understand how your profession works. The Idea is to get one’s product’s name to stick into people’s heads, whether the advertisement is stupid, funny or in fact truthful. Your profession uses anything to get the name into the head of the consumer, and currently, as of a few years ago, the usage of Australian and English accents in the advertisements. However, I am unfamiliar with the particular lizard speaking Australian, actually existing in Australia. But that is for the average adult consumer to decide, while watching it on TV. Most Americans are gullible and that’s why you are there, to take advantage of them.

I had future plans to go around to Universities under the guise of taking a poll, and introducing the “cover up” of police protecting police. I had been planning other questions about the law to get the students irate about Warren County’s Sheriff. Word of mouth to Seniors is slow, and I agree, not too promising. I do have to say, that they are the folks that have the money. I really don’t know where you got your number of visitors to Lake George. The Chamber of Commerce? You have to know that if it is so, they are going to exaggerate as you do, just to get the consumer. Let’s take a look at this. You reported 5 million tourists in Lake George. That’s quite some number of visitors. Lake George and its’ citizens should be rich. I thought about your declaration. Let’s say, for example, that Lake George has five boats like the Mohican, which can take 500 people on board twice per day. That means 1000 per boat times the number of days of the tourist season. Now let’s say that the season begins with the month of June and ends in the last day of October. The result is 153 days times 1000 people, which would equal 153,000 persons per boat. Multiply that figure by five and you would have 765,000 people who have gone on the boat tours. What do the other 4,235,000 people do in the area?

All I want is justice. At this present moment, no one is responsible for the deaths of twenty people. What really bothers me is that the Sheriff did not do his job and check for alcohol on Richard Paris. Is this a cover up for a friend? Is a cover up for a fellow Officer? I think so! This is why I have been on the NET, to resolve by getting the Sheriff out of Office ,then and only then will I feel that justice has been met.

This is my last message on this site. My wife and her sisters requested that I stop, since I may hurt their quest for a legal law suit against everyone involved in the tragedy. I told my wife, that the legal action will take about two years and I will have lost impetus, whether they have won or lost, and justice will not have prevailed.

This is to the person who wrote that I have lost it. Let remind you that Jesus was angry at the money exchangers and sellers of goods at the time of the Passover. He began to upturn tables and tossing things around because they weren’t supposed to be there when the lambs were to be slaughtered. Ought not I the right to be angry at the death of my in-laws, when a sheriff protects a friend by not testing him “legally” for alcohol. I haven’t lost it. I am just beginning. When the law suit is over, and the sheriff is still in office, then I will start all over again. Don’t pray for me, I will pray for you to get enough courage to take a stance of injustice in your community

Signing off for a long long time

Ron Zdrojewski

[SNW]

First - That wasn't me that said you've lost it.

Ron, I am currently the CTO of a large advertising agency. I know all about privacy on the internet, and know exactly how much people are monitored and can be monitored in the work place. I generally only remotely connect to my home computer and use it for all processes, including web browsing/e-mail. I have total privacy in terms of what e-mail I send and recieve, and what web pages I look at. However, when I interview someone for a position in my IT department, after weeding through the resumes, I will then google the promising candidates, looking for anything to actually back up what's in their resume's, seeing any of their personal web pages, and often comments they have made on web boards. You don't have to be a network administrator to do this, you don't even have to really know the first thing about internet privacy or background checks - all you need is google. Point in fact - there's some rather unsavory information - if you google your name you find mostly posts regarding this accident, but you find one young man who is the illegeitmate son of one Ron Zdrojewski trying to contact his half brothers - whose wife is Helen, not Janet - I know it's not you, but you get the point. Privacy is hard enough to control when others are mentioning your name, there's no need add to the available information out there by signing your name.

And just to clarify, I don't have enough time at work to comment on internet message boards - I made my comment on my own time at 4:45AM and I'm making this comment on my own time at about 8:30pm. To further clarify, my time at work, is equally my own time, and if I could get what I want done and still read non-work related sites then no one would object - so please don't make assumptions about other people's time.

Think what you want about the corruption of the Sheriff department, fear of reprisal has nothing to do with people's views on it. It's a safe area, and that's what people care about when they vote. They are not going to be influenced by someone who is not from the area and planning on boycotting their livelyhood - if anything you will see a counterreaction in people voting to for the current sheriff as a way of saying "we will not be intimidated" by an outsider, they won't actually care what the sheriff is doing or saying, because they are safe and content. All they will see is some person wrongly lashing out at their community for the death of a loved one, and they won't be too sympathetic, they'll feel bad for your loss, but they'll be insulted by your method. So in reality you are only supporting a man you claim to despise.

Honestly, I don't care if you carry through with your boycott, I'm a realist. Working in the advertising field I know how people access the media. These days people read about where they want to go online first, so do a search for Lake George on google, no where on the first five pages of search results is there anything about this tragedy. Then they will read about it in magazines and newspapers, but only in sections where recomendations are given - and as a rule companies don't publish information about tragedies in the same sections. At the same time they will watch specials on television, on the topic of good places to go, and these specials never mention negatives. Then there's the tv/print advertising campaigns run to promote tourism- which obviously won't mention this topic. Basically that leaves you with word of mouth, which means that those people you immediately speak to might not go to Lake George. In terms of marketing, word of mouth, is only good as one link - meaning you can only really impact those you speak with. So you might make a tiny impact if you lived in Northern New Jersy, Long Island, or New York City, as you might just be able to influence 10,000 people, and that's being insanely optomistic. Now let's be even more insanely optomistic and say each one of those people can influence ten other people, because sometimes two steps away from the original source can still have a small influence, (usually it's something like 1 in 4000 people will be influenced by a person that's not the original link.) That's 100,000 people that won't go to Lake George, for the next year, and again, i'm being generous with that time-frame, as your influence will usually last only a few weeks at the very most. Each year Lake George sees approximately 5 million tourists in one season, with close to 100% coming from New Jersey and New York, about 25 million people live in areas of NJ and NY where people commonly visit Lake George. So really 1 in 5 of those 100,000 people wouldn't be going to Lake George anyhow, so that's a .08% decrease in average business, again I'm being insanely optomistic. Remember all of those figures assume that you live in the NY/NJ region. So far this year there are more people heading to Lake George, and it wouldn't surprise me, that a lot of the reason for that is all of the publicity it received over this incident refreshed the name of Lake George in many minds, and it's been long enough that the people don't really realize what it was that put Lake George in their head, and only remember their many happy memories from previous visits. In actuality this accident put the name of Lake George in enough people's heads that when they hear Vacation they will be all the more likely to think of going there.

As far as the Advertising Agencies promoting tours of this region, I can assure you it was not for ethical reasons that NY wasn't listed, with advertising agencies it's all about who pays for publicity, and if no NY companies paid to publicize their tours then they won't get listed. NY devotes its tourism marketing budget to different television campaigns more than any other media, so you won't see as much print information.
Enough said.

--SNW

Ron,
You have absolutely lost it! There is no turning back for you...

I will pray for you, your mental being...

[Ronald Zdrojewski]

SNW,

I was assistant computer technician at my place of employment. I worked at my station as everyone else. Everyone had connection permission to the internet. Sometimes it was necessary to seek out information. I used it for exactly that purpose and for that purpose only. Other workers would surf the Net and play games, wasting time that they should be using for work. Every once in a while, I would walk around and pass by cubicles, noticing that people were into something else other than work related “Net”. I would tell them that the organization knows what they are into because of the main data base.

They could not believe that it was possible. So, one day, when the computer technician was out, I invited several workers to the main networking station. I brought up reports on which station was logged onto which website and who the person was, and how much time the person spent on the website.

I don’t care what your organization calls the individual of the data base operations. I do want you to know, that whether you remain anonymous or NSW, “Big Brother” is watching. If you want to tear me up, then take time to do it at home.

You said that the general public’s memories fade fast, and if anything, you’ll see less people participating. That’s true, only if no one keeps it current. I am here to keep it current and flowing just like the beginning of a tsunami. A tsunami begins with a little ripple in the middle of the pacific. When it reaches land, it is a gigantic raging wall of waves that decimates everything in it’s’ path.

I don’t paint a picture of greed and corruption. I have visited upper New York many, many times. I know people there. They would tell you that folks in the small towns are complacent. They think that everything they are told by the law is true and never question the validity. It is easier for them not to get involved with the things happening around them, because they might have to become proactive. In short, they would say, “Oh, well, that’s the way it is.” Well to me, that is not the way it is.

There is a sheriff who just smelled the breath of a retired state trooper, and did not give him any kind of legal test for alcohol. Who’s protecting who? Cover Up? You betcha!

Sheriff Cleveland was even brought up by some of his own deputies to the County Board of Supervisors concerning some of his “Shady Relations”. The Head of the board is a friend of the Sheriff. No action was taken. Who is protecting who? If his own deputies cannot get him removed, then what’s wrong with the people in that county? Who’s protecting who? Fear, or oh well, that’ the way it is!

I’m the ripple in the middle of the Pacific. It’s small now, but when I am finished it will hit Lake George with a devastating effect. Someone has got to wake those people into reality. People in power are supposed to represent you, not run you. Since you are from that area, and are concerned about them, then you need to contact whomever you know, and wake them up. I will continue my boycott of Lake George and some people will lose their jobs do to loss of tourism. This is my only way of waking them to vote Sheriff Cleveland out of office next year. Believe me, I will continue my boycott. I have no hatred for the people in Lake George. I just want Justice. Get rid of the Infidel. And I will stop my boycott.

Now if you don’t believe me, then I can certainly say that when I was at the doctor’s office, I picked up a magazine and read about an advertisement from a tourist agency. The agency promoted areas to tour in every state of this country. New York was omitted. I went to my dentist’s office and read another magazine, and came across another tourist agency which did the same, but only suggested Finger Lakes, New York. I know it’s not much, but it is a ripple.

Ron Zdrojewski

If the people of the shoreline are such wonderful people can someone please explain why a request for reimbursement for $600.00 for a pair of prescription eyeglasses and a camera that were lost was denied? They are continuing to earn money while the senior citizens who are unable to work to replace such minor items are told they will not see anything from them.

[SNW]

I never list my name on the internet, not because i have some fear of a ridiculous conspiracy theory where the "all powerful" sheriff will arrest me. I haven't lived in Lake George in years - and have no real reason to ever go back. Yet I still don't care to give my name, first and foremost because it's on the internet, and if I ever grow complacent in my current job I don't want some HR person to google me and see my random comments made online, secondly I have no desire to get personally entangled in this situation - simply put I don't have enough time. So don't lash out at anonymous comments - look at it and realize the truth that privacy is important.
As per your boycott, good luck with that, but the general public's memories fade fast, and if anything you'll see less people participating.

I truly feel for your loss, I lost ones I loved on September 11th and understand the desire to lash out. I honestly believe that's what you are doing here - you say you're a minister. act like one. You are not being fair to those who are involved, you paint a picture of greed and corruption, and that's simply not the case. The shoreline is definitely not a charity organization, but it is still run by caring charitable and giving people, they trusted that the boat was safe, they had work done on it over the years by excellent firms that want to build safe boats, they stuck with what they knew had worked reliably for nearly 30 years. And a horrible accident happened, maybe it could have been prevented if they searched out the latest research and standards on safety regulations reccomended by an agency that had absolutely no say in their particular business, but let's be realistic, no business, would spend the money going to such lengths when they have been successfully performing for decades.

No one in warren county is afraid the sheriff is going to harass them for comments made online, and honestly no one really cares all that much who the sheriff is, as long as real crime is kept controlled, adn there is some accountability then people in such a small community are happy - as is the case everywhere in the country, only the very few will actually take any political stance, or even vote, so your preaching to people who just don't care, and won't care.

Take a look at your vehemence to these people and forgive them. I know these people, they are crushed by what happened, if they could have prevented it they would have, they did what humans do, "If it ain't broke, don't fix it", and I'm sure they are questioning if they could have prevented it by doing more, and every day of their lives they will be haunted by these deaths. But in the end it was a horrible accident, preventable or not, no one wanted this to happen. So in terms of punishing people, there is no need, as non-psychotic humans without criminal intent, anyone involved will be punished more than enough by their own memories and doubts, far more than any legal or financial methods could ever dole out.

--SNW

[Ronald Zdrojewski]

An Act of God? That is the excuse many people use as a result of a tragedy An act of God as the definition is explained is when a rock falls from space, burning from the friction of the atmosphere and penetrates my roof. Nobody can “Prevent” it and nobody has “Control” of the action that takes place when the rock penetrates my roof. When the human factor is involved in an incident, there is no such thing as an “Act of God”.

The human factor has forethought for prevention and control.. Anything that results from the human factor is not an “Act of God”. I drove a school bus for one summer. I went from point to point to pick up school children. Before I could be licensed for this, I had to pass an inspection by an individual who did the certification. He and I were on the bus alone. He had me drive throughout the route that I would take, everyday, to pick up the children. At each real stop, he asked me what I would do at that point, even to the stop of a handicapped child. He certified me. Before he left, he inspired me with a simple, yet. a life informative message. “Every time you take this bus out, take it out as if it is your very first time. Remember, that you have the safety and lives of the children in your hands. Never become complacent with your regular routine, because it distracts you from awareness of what is happening all around you, and the children you have in your care. If you don’t know anything about engines or brakes, then educate yourself, because you are the one operating the bus with the responsibility of children on it. If anything goes wrong, you are responsible. Don’t depend on the mechanics, because they are not the ones driving the bus, you are. Finally, if you apply the brakes to stop for a red light and a brake line bursts, and you can’t stop and get hit by an oncoming car or truck and children are injured, you are responsible.”

Now let me tell you about a veteran bus driver in Arlington Heights, Illinois. He drove the school bus for years without incident. There was one area, where he had to cross commuter train tracks. On the other side of the tracks there was a traffic light, which only allowed for two cars to stop, and then the tracks and then the other side. The driver followed too close one day, and the car in front of him decided to stop at an amber light instead of proceeding through. Had that car proceeded, it would have been enough room for the bus to be in a safe area when a commuter train went through., however, there was only enough room for three quarters of the bus. When the safety gates went down, the driver tried to back up and go around the other side but it was too late. The train hit the bus. Well, I don’t have to speak of what happened after that. The fact is that he didn’t stop in front of the tracks, which all school buses are supposed to do. He had traveled that route everyday, and became complacent, by just driving over the tracks as everyone else did. But on that particular day, he failed..—“Complacency”!

My father taught us electricity, plumbing, carpentry, masonry and roofing. The most important thing that he emphasized was “Safety First. Get to know all of the machinery you are using, and even if you use it a hundred times, use it as if it were your very first time. If you come across a situation that you are unfamiliar, then educate yourself and practice beforehand.”

Mr. Paris became complacent. He may have taken the Ethan Allen out a hundred times before, but my guess, is that he was complacent as always. He never approached the craft as if it were his very first time. Because it was out one or two times before, it was fine to take it out a second or third time. If Mr. Paris was such a veteran, then he should have known his boat. The sound of the engines, the list of the craft with or without people on it, whether the bilge pumps and coolant pumps were working properly, and finally was there water down below. He did not inspect it before he took the boat on tour with people on it crammed like sardines in a tin can. He did not take the time over his many years of experience to inspect the craft before he began each tour, and he finally paid the ultimate price. He was complacent and ignorant of the faultiness of the boat. However, that does not excuse him for the deaths of 20 people, because he was the Captain in charge, with or without a second assistant on board.

The owner of the company is responsible for not having mechanics or technicians inspect every boat before it took people on tour. The owner had a company put on a heavier canvass roof and plexiglass around the craft. He presumed that everything was going to be alright as far as the operation of the boat for safety. He did not hire an engineer to do studies on the safety of the craft with the additional weight. He did not give allowance for evacuation of the craft, should there be a necessity to do so. There was only one way onto the craft and one way off. When it went down, people could not get through the plexiglass, especially, those up front.

Now you should understand, that this could have been prevented, had the owner gave consideration as to the refurbishing of the craft and hired a professional engineer. He took the words of the company doing the renovation, who were only interested in making money. And here we are—“Control”! The owner and the captain had control over that vessel before it left the dock each and every time. The only thing in their minds was making money, “not safety”. As a lack of consideration for Prevention and Control, they paid the ultimate price of the death of 20 people. There was no “Act of God” in this incident.

If we are now looking at definitions please read this one:

Act Of God:

A manifestation especially of a violent or destructive natural force, such as a lightning strike or earthquake, that is BEYOND human power to CAUSE, PREVENT, or CONTROL.

[Ronald Zdrojewski]

Brenda,

Thank you for responding. Now there is another individual in Warren County who is not afraid of identifying herself. I must say that I have studied psychology and abnormal psychology as well. I have worked in institutions of that sort. I have also worked in homes for recovering alcoholics. I understand what you are saying in anger. Read what you wrote, it was quick and in anger. See your mistakes, because it says you wanted to lambaste me.

My sister in law and her husband were alcoholics in Tennessee. They lost their jobs. My wife and I bailed them out by bringing them to Michigan under the auspices that they would rehabilitate. My wife’s brother-in-law shook for a week. Her sister had no reaction. I asked her why she showed no reaction and she said “maybe, I am immune to such a reaction.” The following week, she started to come down with visible shaking reactions for a few days. I assumed she was going through the same withdrawals as her husband. After three months I began to notice nuances about her behavior. I began searching for proof and found small bottles of vodka behind the sofa, under her car seat, in the basement in several places. She was drunk all the time and it took me time to notice it. She played all kinds of games of rehabilitation and stuck me and my wife as being earnest. She acted so superbly to have earned an Academy Award.

You say that Richard Paris was mentally shook up as a result of the tragic occurrence, well, that is possible. I say he is an alcoholic and a very good actor. However, he was exonerated when Sheriff Larriy Cleveland stated he was not going to pursue criminal charges against Mr. Paris. When the sheriff said he smelled his breath and said he did not smell any alcohol, he went on with the rest o the investigation and was not going to pursue charges against Mr. Paris. This is was I felt was Cooperative Benignancy. He was a sheriff and the captain was a retired State Trooper. Now was there some cohesion?

I am no longer after Mr. Paris, since he’s been exonerated of charges by Sheriff Cleveland. It is the sheriff I am after. He did not do what every law officer should have done in any catastrophic event. He did not test for alcohol in anyway or in any manner, properly. Vote him out of office, and I will stop my boycott. I am growing in my boycott week by week, it is slow, but it will grow enough to hurt tourism in Warren County.

Ron Zdrojewski

[Brenda]

First of all, I want to send out my prayers to all the families that have lost their loved ones...

Second of all I would like to address some of the comments that Ronald has posted regarding testing former Captain Paris. you suggested that the sheriff should have had Him walk a straight line, or maybe recite his abc's. But let me ask you this one question: do you understand the principles of adrenaline, and the brains coping mechanisms for stress... I dont think that you could name 1 single soul that after a tradgedy like this one was could walk a straight line or even think clearly... Think cleary Ronlad, after a car accident tell me have you ever seen someone not shaky a little off or whatever. Smelling someones breath was an acceptable means for our supposed Dictator Sheriif, as he was visably shakin which would be the result of a SOBER action, someone who was DRUNK would be calm and peaceful not the mess that former Captain Paris was...

In addition to your comments about the Quirk's and Paris being at fault and no Act of God, or tat an accident can happen. please take a little advice from a family memeber who has a captain (and not a small town boat like the ones on Lake George, his license is for Total tonage UNLIMITED)in the family and I very interesting statement he had to say about the tragedy... read the definition of INTACT STABILITY and than maybe you will understand what happened... I understand the words may be a little big for you so please carry a dictionary with you when you read...

[Ronald Zdrojewski]

K. Ruane,

Bless you! Someone out in that community has enough courage to speak the truth and not be afraid to identify themselves.

God Bless You,

Ron Zdrojewski

[Ronald Zdrojewski]

Tom Vrooman,

I have to thank you for responding, also for identifying yourself. As you can see many of the respondents don’t put their names. I have to ask “Why are they afraid?” Is it a result of fear of being recognized in that small community, that the sheriff might pull them over sometime and charge them with some bad driving or misdemeanor? Can some of the responses be made of the friends of the sheriff, because he is afraid of losing his job? Is the sheriff responding anonymously for fear of losing his job? This last point, I think, so! “One will do anything in the world to maintain some kind of integrity, when one is caught with his hand in someone’s pocket.”

I am a minister, I believe in justice and seek justice. As you have witnessed the ultimate demise of the tragic end of twenty people, it is shocking to you. I can understand your feelings. Over the years, I had developed a loving relationship with many families. When one of those endearing people came down with a debilitating disease, it was tragic. However, I came to the understanding, that it was the normal part of life, sad but true. I lost my first wife from cancer after three agonizing months in a hospital. I met my second wife, and developed a loving relationship with her father and second wife. Two very loving people. They were very healthy and energetic. I lost my mother from cancer in 2004, I lost my younger brother in 2005, one day later I lost my cousin, one day later, I lost my best friend, two days later, my wife and I lost her mother. All these deaths were from cancer and bad hearts.

As tragic as all of these events were, I was steadfast, as a result of all of my past experiences. People do develop diseases that eventually cause them to die. That is acceptable, it happens everyday. It hurts emotionally, but it happens. However, when two healthy individuals die as a result of a boat sinking, that is not acceptable. Someone had control of the vessel and it went down. The controller survived and twenty people are dead, that is not acceptable. The sheriff smelled his breath and went elsewhere. He did not take the captain on shore and make him “walk a straight line, or give him a blood alcohol test by a clinic or even a breathalyzer at the scene of the event. Finally, as a result of his omission of professional action, he stated that he was not going to prefer charges against the captain.

This is why I feel that the sheriff should be ousted out of office. He either protected the captain because he was a retired state trooper or a friend and drinking buddy or both. The sheriff did not administer true justice as he was sworn to do.

No matter how bad you feel, no matter bad I feel, I want justice to take place. The only way I will feel justified, is when the sheriff is ousted from his position

Ronald Zdrojewski

[Tom Vrooman]

My name is Tom Vrooman and I was the mechanic for shoreline cruises at the time of the accident.Altho I did not work on the Ethan Allen ,I was in charge of the rental's.I was there for most of the investigation,I was there when testing was going on.I just found this web site and the photo's are bringing back some horrible time's.When the Ethan Allen was moved from the hanger to a private location I had the horrible job of cleaning the inside out and getting belonging's.I feel for everyone that has lost a loved one and my prayer's go out to you all.I know that it effect's me to this day.

[Ronald Zdrojewski]

I have been absent in responding over the last few days checking out the messages. For that I am sorry.

First of all I would like to respond to all of you so called respondents who are so afraid of the Sheriff in that county, that you don't sign you name. What a bunch of cowards that live in that 'small' surrounding community. You have the gaul to strike out at me and not the courage to state your name. You think that your sheriff is a nice person, well, I am here to tell you that he is a dictator. He is a voracious wolf and you are cowardly lambs, just sheepishly laying down to his every demands.

As I stated before, if you vote him out of office, I will stop my boycott of tourism. Everything happens in its' own time. You say that tourism is going good. So let me tell you, that a boycott does not happen over night. Just as I have stated before, Caesar Chavez took a few years to establish his boycott. It did not happen over night. I am well aware of this. I am persistant, and I will diminish the income from visitors in that county. You will lose income from tourism and jobs will be lost, not over night, but eventually.

Vote the sheriff out of office and I will stop!

Now this last response is to the sheriff. You know that I will never visit your county, because you will arrest me on some falsified charge. However, consider this! If I ever came to your county and you arrested me, I will have had implanted cameras on me and my vehicle. Also I will have stopped over to another county police department to examine me and my vehicle to check for illegal paraphernalia and I will have a Michigan TV news following me at a far distance to receive my signals.

Now I know that there is some kind of dedcation for the the deceased of the Ethan Allen tragedy, now "new" tourist attaction, and there will be people traveling for the occasion. Don't stop people from Michigan, because they just might have a hidden camera on them and I might be with them. And you don't want that to shatter your already jokingly, already nose sniffing record.

To the rest of you folks in Warren County, simply sniffing, doesn't indicate whether or not one has alcohol in his or her system. I know police do it, but they go a bit further, with walking a straitht line, as well as a breathalzer, at least they do here in Michigan. Heavy drinkers learn how to disguise their breath. If you really can't believe that, then go to an Alcoholics Anonomous meeting. You would be supprised at the results.

Am I making any sense to you people in Warren County? You have a sheriff, who thinks he is God's gift to mankind and rules the roost. Get him out of there! Vote him out of office or start jumping on the board of Supervisors to oust him.

Notice, I am signing my name:

Ron Zdrojewski

Ronald...

To be perfectly honest, no one cares about your boycott. The people of Warren County respect the sherriff and his actions. By the way, your so-called boycott is NOT working. People are visiting Warren County at this very moment. Keep trying, but really, no one cares about your ridiculous fight to hurt people who had absolutely nothing to do with the accident.

It is possible to tell if someone has been drinking just a little bit by smelling there breath. Police do it all the time when pulling people over. If Mr Paris was as drunk as Ron says he was, then the honorable sherrif department would not have let him walk. Your persecution of our area is dispicable. We are all good, hard working people and to spread your hate the way you are is uncalled for. We rely heavily on tourism and what you are trying to do is spread your hatefulness to hurt more lives than have already been hurt. All the hate and revenge you are seeking will never bring your family back. Sew the state, the Coast Guard, Shorline cruise, Mr quark, even the sherrif if you want, but don't bring the rest of the community who tried so hard to save the people on the boat and ALSO suffered emotional trauma from the whole tragedy into this.

[K. Ruane]

" No, I understand your loss...but these assumptions about the boat captain are absolutely ridiculous. Do you know Dick Paris personally? "

No, but I have met the man ! Where you might ask ? Why at the bar of the Shoreline where he was falling-down drunk after a "cruise" on more than one occasion ! It was WELL known through-out the area that this gentleman had a drinking problem of biblical proportions ! Don't sugar-coat a drunk !

[Ronald Zdrojewski]

This is to the two anonymous respondents concerning my treatise of “Act of God” by Mr. Paris and Mr. Quirk. As I stated in my treatise, “Someone had complete control over the vehicle, even before it left the docks.” There are many variables as to what might have caused the boat to go down. The one and only variable that could have been responsible, was Richard Paris, who piloted the boat.

Because he was not tested by Sheriff Cleveland professionally, or appropriately for alcohol in his system, he was exonerated of Criminal Negligence or Criminal Homicide, especially, when the Sheriff stated that he was not going to prefer any charges against Mr. Paris.

That and that alone is what angered me. The Law did not respond appropriately, and immediately. The Sheriff merely smelled the breath of the Captain. Is this what the Law does in tragic circumstances, when someone is at the helm or behind a steering wheel and people have died with someone in control of the boat or vehicle? That action alone is why I called the Sheriff’s response, “A Cover Up”. Had the Sheriff tested the captain for alcohol by either a breathalyzer or blood alcohol at a local clinic and no alcohol was found to be attributed over the limit, I would have simply let the future course of the NTSB results take place.

It’s the Sheriff I want out of office. The only way I can get him out is for the citizens of Warren County and Lake George to vote him out or began a recall movement to get him out. Until then, I will continue to proceed with my boycott against tourism in Warren County and especially Lake George. If the people of Warren County want me to stop, then all they have to do is to remove the Sheriff. Take heed! This is one touring season coming up. There will be another, and another. My boycott will not stop. I will continue each and every year until the Sheriff is out.

Also, thanks to the Schenectady Gazette; they brought my attention to also turn my boycott northward to our Canadian Neighbors. I don’t know who my two anonymous respondents happen to be, but I suspect that they might be from Warren County and do not have enough courage to identify themselves, for fear of the almighty Sheriff. Just think! Your ancestors removed the French from that area, and consequently removed the British as well, and many have died doing so. What are you afraid of? One Sheriff?

Please notice, I place my name when I write!

Ronald Zdrojewski

Ron,

I know exactly what you are going through. I lost a very special person in my life too. I am not very happy either the way things have turned out either. We can not blame the whole community
for a few of the people whose character might be in question. I know there was some people there that tried there best to help strangers that they
did not know. I want to thank those people that
tried to help the survivors and the victims.
I would like to hear directly from the Sheriff and the prosecuting attorney why the did not press any type of charges.

[Anonomous]

Ronald--

Were you there that day? No, I understand your loss...but these assumptions about the boat captain are absolutely ridiculous. Do you know Dick Paris personally? Please, you really need to get it together. The one true injustice is you trying to boycott a community and the lives of people that will NOT bring your loved one back. Please move on...never forget, but move on.

[Ronald Zdrojewski]

Richard Paris can deny anything he wants. The fact of the matter is that he captiained the boat that went down. The Sheriff's report is flawed at the very onset of the investigation by not doing a breathalyzer or blood test. I maintain that Mr. Paris is an alcoholic and could not wait after two other trips, to run back to his vehicle and imbibe as soon as possible.

That is why he broke the regulation to get on the craft as soon as possible without another assistant from the company on board and proceeded with the cruise. He did not check the hull for water to verify if the pumps were working or not. He failed to follow the regulation of more than 23 and less than 50 people on board requires a second person on board. "Act of God?"

That is when a rock falls from space and no one has control as to where it is going to strike. Control! That is the common element of the entire incident that took place at Lake George. The Captain had control before the vehicle left the dock. Had he checked the hull, he would have seen water and realized that the pump was not working. He also did not have the second mandatory employee aboard. He had complete control of the entire incident even before he left the dock. This was no "Act of God". It was an act of omission of professional duty, most probably by an impending need for alcohol.

His omission of professional control should have been enough for the prosecuting attorney Kathleen B. Hogan to prefer charges of Neglegant Homicide. I wonder why she bought into the Sheriff's lack of professional ethics, when he stated he wasn't going to prefer any charges?