Dawson

We see, yet again, the tragic consequences that can result from the mixture of boating and alcohol—here, the death of Mark Spier.

Defendant William Russell Dawson was charged with five crimes, two of which were felonies: vessel manslaughter while intoxicated and unlawful operation of a vessel while intoxicated resulting in bodily injury. The charges stemmed from the death of Spier who, himself very intoxicated, jumped off the back of a boat as defendant put the boat in reverse, struck the propeller and died instantly. Following a preliminary hearing, the magistrate declined to hold defendant on the felony charges, finding that he did not cause Spier’s death: “What caused the death of this individual was the jumping off while the boat was in reverse.” The superior court declined to reinstate the charges, concluding it was bound by the magistrate’s factual finding that defendant did not cause Spier’s death.

The People appeal, essentially arguing that the magistrate misapplied the law of causation. We agree and we reverse.

I. BACKGROUND

By complaint filed May 24, 2007, defendant was charged with five offenses: (1) vessel manslaughter while intoxicated (Pen. Code, §…