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Thread: Legal Question

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  1. #1
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    Default Legal Question

    Forgive me as I have never posted here before, and this is not how I would prefer to make my entrance, just been a long time lurker. However, an issue has arisen of late in my life that I would like some advice on.

    To make an incredibly long story short, I was in water at Vortex Spring during the week of August back in 2010 when Ben McDaniel went missing. My cousin lives in Pensacola, so Vortex was always a spot we hit up on the weekends.

    Brushing aside all the obvious shenanigans that transpired at that time for divers that were in the water that day, I have NEVER quite been able to shake both law enforcement and private investigators since that day who have disrupted my life in an effort to hit me up for something I simply can't provide. I don't know anything, other than I made the mistake of diving there that week. In short, I have told them everything I know, which was limited, and still not too many weeks go by that I am not approached either digitally or by phone asking for comment.

    I am sick of discussing it, frankly, and since I am not a legal expert, I was curious if I am within my rights to tell Florida's cold case law enforcement to leave me alone and bark up someone else's tree.

    If there was anything in my power that I could do to help, I would do it. Ben's gone, and there is nothing I can provide which can offer any insight.


  2. #2
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    Hire an attorney.

    "Have you ever noticed
    When you're feeling really good
    There's always a pigeon
    That'll come shiat on your hood?" John Prine 4-7-2020

    "Into the blue again; in the silent water
    Under the rocks, and stones; there is water underground" Talking Heads

  3. #3

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    Quote Originally Posted by OFG-1 View Post
    Hire an attorney.
    Look into an "order of protection"


  4. #4
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    Not sure I understand the logic behind this?!?

    There would have been hundreds of people at Vortex during the week he disappeared. And clearly he's not there anyway.
    What about Nik Vatin (Deepswim, the speedo/cave freediving guy), he took video of Ben during that period. Are they bothering him in the same fashion?
    Please enlighten us as to what would make law enforcement and investigators keep pushing you for information?
    It makes zero sense to me and I think there is something that you've not mentioned yet.


  5. #5
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    Quote Originally Posted by nakatomi View Post
    Not sure I understand the logic behind this?!?

    There would have been hundreds of people at Vortex during the week he disappeared. And clearly he's not there anyway.
    What about Nik Vatin (Deepswim, the speedo/cave freediving guy), he took video of Ben during that period. Are they bothering him in the same fashion?
    Please enlighten us as to what would make law enforcement and investigators keep pushing you for information?
    It makes zero sense to me and I think there is something that you've not mentioned yet.
    I spoke with him a couple of times that week, and I had seen him there before (he was hardly unknown to us regulars),but that was just me being personable.
    Eduardo actually knew him way better than I did, and was the first person that was in the water when it became clear we had someone overdue.


  6. #6
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    Quote Originally Posted by supaflyrobby View Post
    I spoke with him a couple of times that week, and I had seen him there before (he was hardly unknown to us regulars),but that was just me being personable.
    Eduardo actually knew him way better than I did, and was the first person that was in the water when it became clear we had someone overdue.
    That wouldn't explain why you're being contacted such a long time after the incident. I completely fail to get the logic behind it unless I'm missing something.


  7. #7
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    Quote Originally Posted by nakatomi View Post
    That wouldn't explain why you're being contacted such a long time after the incident. I completely fail to get the logic behind it unless I'm missing something.
    I suppose there is always somebody looking for liability. In my case, I told both the cops and the feds everything I know, which was not much.

    The reality is I just picked a bad week to be on PTO and diving. I have no idea what became of the young man, neither does anyone else apparently.

    I have never gone that far back in the cave at Vortex, maybe people who have can comment further, but if he was in there something would of been uncovered by now.


  8. #8
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    I'm betting, if you do seek legal assistance, the first thing your attorney will tell you is "don't post anything on internet forums".


  9. #9
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    I'd say, unless you are being subpoenaed, to completely ignore all requests for information. Its hard to stop them from coming, but easy to ignore.

    @Oliver, US lawyers are like hawks, trying for years to find information about parties that could make them liable. On the FB page about scuba accidents, some chick working for a law firm (cute btw), was fishing in the hope someone had bad experience with charter operator X in the hope of building a case against them. Cases go on forever, albeit dormant'ish...they still live on a small flame in the hope to push a BS case...

    Welcome to Murica.


  10. #10

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    Solid advice, not only from the first speaker, but the Law Enforcement Officer that followed him around the 27:00 minute mark.

    I will add, it is important not to confuse the police with the paramedics !!!!

    Don't laugh, I have seen it happen !!!!!!

    TJ (2)
    When I get out of cavediving, it will be to learn how to use a walker FW


 

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