• No Criminal Charges In Death Of Sandra Tartaglino



    Sandra Tartaglino, 60, of Tiverton was killed in a two-vessel accident on Aug. 11.
    article Laura Daman Newport RI.com Laura Daman Newport RI.com

    PROVIDENCE — After an investigation, the Department of Environmental Management determined Frank Teixeira, 75, of Portsmouth, was not speeding nor operating his 28-foot cruiser in reckless disregard for the safety of others during an Aug. 11 crash between a powerboat and a two-person catamaran sailboat near the Newport Pell Bridge. The crash resulted in the death of Sandra G. Tartaglino, 60, of Tiverton.

    DEM is citing Teixeira with four violations of the Coast Guard’s Inland Navigational Rules, according to a press release. DEM will prosecute the case in the Rhode Island Traffic Tribunal and arraignment is set for Nov. 13. The violations include risk of collision, action to avoid a collision, responsibilities between vessels and failure to keep a look-out. Each violation carries a maximum fine of $100, according to the press release.




    Coast Guard rules stipulate sailing vessels have the right-of-way over power-driven vessels, and all vessels should maintain a proper look-out by sight, DEM noted in its press release.
    Environmental Police Officer Kevin Snow and Lt. Daniel White of DEM’s Division of Law Enforcement led the investigation. Four law enforcement officers from three agencies — the Coast Guard, DEM and the Newport Police Department — did not observe any indication of alcohol or drug use, according to the press release. Officers did not see or find any alcohol containers on Teixeira’s boat, named @Last. Investigators found excessive speed was not a factor in the collision.

    DEM presented the case to the Office of Attorney General Peter Neronha, which determined the facts and circumstances did not rise to the level of criminal conduct, the press release says. In order to charge Teixeira with a felony, it would have to be proven he intended or foresaw the consequence, knew his actions were wrong but proceeded anyway, or willingly acted recklessly knowing it would cause a death, according to the press release.

    “My heart goes out to the Tartaglino family who has suffered a terrible loss,” DEM Director Janet Coit said in a prepared statement. “Boating on a crowded waterway in the summertime is very complicated and requires vigilance. Further, while there are rules governing the action of each vessel, some vessel operators either don’t know or follow the rules. That is why DEM urges all boaters to take a safety course.”

    In Rhode Island, successful completion of a boating safety course is required for all boaters born after Jan. 1, 1986, who operate a boat with a motor greater than 10 horsepower, and for all operators of personal watercraft regardless of age.
    This article was originally published in forum thread: 30th Anniversary of New England 100 Goes Terribly Wrong started by Photoboy View original post