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Police: Man Drunk When He Crashed Boat

The following information was supplied by the New Jersey State Police and the Jefferson Township Police. It does not indicate a conviction.

 

One man was charged with operating a vessel while under the influence after a boat crash on Lake Hopatcong late last week that damaged a dock, according to the New Jersey State Police.

Scott Fitzgerald, 49, of Hopatcong, was charged after Jefferson Township police received the call last Thursday night. Police and Jefferson Township Fire Company No. 2 responded to the scene.

"We notified the state police and contained the scene until their arrival, as they had no one at the Lake Hopatcong station at the time," said Capt. Eric Wilsusen, of the Jefferson Township Police.

Jefferson officers determined Fitzgerald may have been intoxicated. He and his passenger, Charles Nappi, 48, of Rockaway, were transported to the Dover campus of St. Clare's Hospital.

State police took over the scene at that point, issuing Fitzgerald the summons.

"We were en route to responding to the call on Lake Hopatcong when we were informed that the driver of the boat was being transported to St. Clare's in Dover. We then went to the hospital," said Trooper Christopher Kay, of the New Jersey State Police.

According to neighbors, the boat hit a dock, soared over a dinghy, leaving dock fragments in the dinghy, and came to rest on the bank. 

Related Topics: Lake Hopatcong

Chiefschick

2:02 pm on Tuesday, June 26, 2012

Who stores propane on a dock ?

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Jessica

2:17 pm on Tuesday, June 26, 2012

More importantly who was driving the boat?

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yadda yadda

2:55 pm on Tuesday, June 26, 2012

Sam I Am is gonna have a fit when he reads this story.

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Fartknocker

4:46 pm on Tuesday, June 26, 2012

fish ball soupfish ball soupfish ball soupfish ball soupfish ball soupfish ball soupfish ball soupfish ball soupfish ball soupfish ball soup

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John Carpenter

6:37 pm on Tuesday, June 26, 2012

The Lake PD should have records of this accident, which occurred around 11pm Saturday. Reports indicate two uninjured adults were in the boat, which was seen speeding from the Jefferson House area towards Halsey Island. They were exceeding the nighttime speed limit, which unfortunately has become the norm. Could this be a case of an over served boater?

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Infact

9:37 pm on Wednesday, June 27, 2012

John,
Over served boater? You cant be serious.. Perhaps he was drinking and was over the limit and had some sort of medical issue.. Dont judge unless you know the facts..By the way, if you had a clue you would know that EVERYONE exceeds the night time speed limit..

carol-ann lee

7:35 pm on Tuesday, June 26, 2012

We heard about it at Pavinci apparently there were witnesses.

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Observer

7:50 pm on Tuesday, June 26, 2012

First....You must have the "need" to know, Second......You must have at least a "Secret" security clearance, Third.......It's who you know!

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Sue Toth

8:13 pm on Tuesday, June 26, 2012

We had to delete a comment that gave a name of the alleged driver of the boat, and suggested that alcohol was a factor. We do not have these facts confirmed by the New Jersey State Police, therefore we cannot post them. Please refrain from any speculation of that sort. Patch will provide facts as soon as they become available. We contacted the Jefferson Township Police Department, who directed us to the New Jersey State Police for comment. We are awaiting that comment now.

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Warren

8:20 am on Wednesday, June 27, 2012

So readers can not provide independent information without it being censored? One of the great things about Patch is that it provides a forum whereby neighbors can share information without spin from the media, or distortion of facts from the governemnt. Who are you to say that you are going to censor a readers comment because the polcie didn't provide the information? Are government news sources the only approved information you will diseminate? Careful- this is a very dangerous precident you are setting saying that readers can't post indepenedent comments without facts being confirmed by government information. why not is a comment with the information and a caveat like "this information has not been independently confirmed by Police or government sources" sufficient?

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Warren

8:21 am on Wednesday, June 27, 2012

"We do not have these facts confirmed by the New Jersey State Police, therefore we cannot post them". Welcome to the USSR.

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Warren

8:26 am on Wednesday, June 27, 2012

I should have posted this all in one comment (and proofread first), but I am totally incensed by this. Do you call yourself a journalist? Do you realized what you are doing when you insist facts must be confirmed by the Police? Someone provided you with information- why not pursue that? How do they know this? Is it reliable? You have their username, so you should be able to look up the email address.

To say "we only publish information from the police" is absurd, dangerous and scary. If you are trying to be a local media outlet you have a responsiblity as a journalist to provided news from all sources- not just from the Police, the Mayor, the council or other "approved government sources".

You should really be ashamed of this and you should uncensor that comment and post that information immediately!

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john

3:47 pm on Saturday, June 30, 2012

just another way for big brother to censor us as it seems we no longer live in the U.S.A. but in all actuallity we now live in the U.S.S.A. united sociolist states of america in the peoples republic of new jermany

Sue Toth

8:14 pm on Tuesday, June 26, 2012

The accident occurred on Thursday night, not Saturday.

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Kate

8:41 am on Wednesday, June 27, 2012

Wow! Warren's comments are hilarious. I don't think English is his first language. Either that or he doesn't know how to proofread. If you are going to talk sh*t, make sure your comments don't make you look ridiculous.

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Warren

8:47 am on Wednesday, June 27, 2012

Actually I usually write quite well, but I was so mad that I just didn't take the time to proofread. I cut and paste a few sentences around trying to make my point and ended up with a bit of a mess in my first post. Maybe it should be censored?

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jazzman

9:39 am on Wednesday, June 27, 2012

and you thoughts on posting any thing you dam want concern me as to your sanity, with that thought you need to get your own forum,ill wait for the real story with confirmation from law inforcement,comments can be very imformative but not with additude, and paranoia

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Warren

9:50 am on Wednesday, June 27, 2012

jazzman: 1.) you should proofread. 2.) I never said one should be allowed to post "any thing you dam(sic) want". There is a big difference between saying you should be able to post "anything you want" and saying that reader submitted content should not be censored simply because it has not been confirmed or approved by government sources. Journalism does include a responsbility to make some effort to validate the truth, but to censor a post just because the police have not confirmed or approved it, is seriously what happened in Soviet Russia and Communist China.

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Infact

9:33 pm on Wednesday, June 27, 2012

Oh Kate you're such a genius.. Someone is speaking his/her mind using emotion and made some typos and you are riduculing them.. Big whoop.. you couldn't think of anything else to type..If anyone looks rediculous its you.. get a life..JACK@SS!

Sue Toth

10:06 am on Wednesday, June 27, 2012

The post was removed because a person was being accused of doing something illegal before we had any confirmation that the person named in the comment was actually the one who committed the act. Warren, what if you were on the receiving end of this? What if someone accused you of something, and I just said, "oh yeah, Warren must have done it because his neighbor said he did." And then I posted your name in a public forum, without any confirmation from a law enforcement agency? Responsible journalism requires confirming that something is a fact before posting it in a public forum.

However, you were correct in your question about someone providing me information that I should pursue. I did. And as you can see from the updated story now posted, a name and charge has been given, with confirmation from the state police.

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Warren

10:42 am on Wednesday, June 27, 2012

You could say "A witness to the accident reported that the person driving the boat was XXX and that he appeared to be intoxicated". If a neighbor said "It was Warren and I saw him", I would have a case for slander (or is it libel, I can never keep those straight) against that commenter, but for you to censor that comment, just because the police didnt verify it, is not good journalism. If the police didnt verify it, and you are considering censoring the post at least reach out to the poster first, and see if he/she is a reliable source. You shouldnt censor first, ask questions later. We all know that reader comments are not the same thing as an artice written by a Patch contributor. Perhaps a disclaimer like "reader comments are the opinions of readers... " or some other appropriate language would work. As a journalist, you should always be leaning toward the side preserving free speech. If your policy is to censor post containing facts unless the police confirm those facts, that is still a scary policy. What if I claimed to be a witness and my facts disagreed with the police account- would you censor my comments? What if I said it was not XXX who was driving, I saw YYY driving. Would you censor me because I dont agree with the police account?

BeachBum

10:19 am on Wednesday, June 27, 2012

From Hopatcong, no surprise there

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jazzman

10:30 am on Wednesday, June 27, 2012

i`ll defend anyones write to free speech,(slander not included),but that only goes as far as your soapbox,your confused,..its like someone walking into your house and making comments about the president of the United States,his freedom stops at your stoop and yours.....regulated right here with a click of that flag, and I`m thinking its red, white, and blue not yellow!

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Warren

10:48 am on Wednesday, June 27, 2012

It's not exactly like someone walking into "my house". It's like someone walking into a newspaper office and saying "I have some information" and the editor saying "your information cant be published until the police approve it".

Patch sets up the forums for readers to comment on stories. It is one thing to say "we will censor comments that we find to be slanderous or inaccurate after we investigate the validity of those comments", but quite different to say "we censor comments that have not been confirmed by the police." INDEPENDENT confirmation does not mean police confirmation, it means taking some steps to see if the comment is a bunch of BS, or legit information. I'm saying we shouldnt be censoring first- if we are going to censor, we should have a good reason to do so.

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Infact

1:37 pm on Wednesday, July 11, 2012

jazzman you say the dumbest things.. really

mayfairwitch1

11:36 am on Wednesday, June 27, 2012

Oh good grief get a grip...

Sue, thank you for responsible journalism even though some don't quite get it

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Warren

11:41 am on Wednesday, June 27, 2012

Yes, very intelligent, well thought out response. Good little sheep.

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sdsdsd

12:34 pm on Wednesday, June 27, 2012

@Warren:
li·bel   [lahy-buhl] Show IPA noun, verb, li·beled, li·bel·ing or ( especially British ) li·belled, li·bel·ling.
noun
1.
Law .
a.
defamation by written or printed words, pictures, or in any form other than by spoken words or gestures.
b.
the act or crime of publishing it.
c.
a formal written declaration or statement, as one containing the allegations of a plaintiff or the grounds of a charge.
2.
anything that is defamatory or that maliciously or damagingly misrepresents.
Libel law
3.
to publish a libel against.
4.
to misrepresent damagingly.
5.
to institute suit against by a libel, as in an admiralty court.

This would apply to the website hosting the forum in which false information was given.

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Warren

3:48 pm on Wednesday, June 27, 2012

sdsdsd:

Section 3(e) of the Defamation Act 1996 is the most relevant here and further states that:

A person shall not be considered the author, editor or publisher of a statement if he is only involved as the operator of or provider of access to a communications system by means of which the statement is transmitted, or made available, by a person over whom he has no effective control.

Whilst this may sound like long winded jargon, it appears to make express provision for website operators, omitting their liability. This is because their role is to simply transmit the material, and because of this, cannot be held responsible for forming its content. They essentially, have no control over what is written.

Article Source: http://EzineArticles.com/5463073

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sdsdsd

4:03 pm on Wednesday, June 27, 2012

The key statement in your post is "...by a person over whom he has no effective control."

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Jack Mahoffer

11:00 pm on Thursday, June 28, 2012

Hey everyone - take it easy on Warren. He must have misplaced his baseball !

mayfairwitch1

11:45 am on Wednesday, June 27, 2012

Not a good little sheep....neighbors stating a name is hearsay, you do not publish someone's name in a newspaper or public forum until it is confirmed, not a hard concept to understand!

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Mr. Confidential

12:29 pm on Wednesday, June 27, 2012

My question is, was the comment that was deleted who gave the name of the alleged driver correct?

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KC

12:42 pm on Wednesday, June 27, 2012

@Warren you seem to be very upset over something you have no control of. If you dont like the way The Patch does things, then don't read it or post several comments crying about it. You sir just wasted 10 minutes of my life for reading each 1 of those posts you made. Please do us all a favor and start your own community forum so you can show us all how it should be done.

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Lisa Debruno

12:48 pm on Wednesday, June 27, 2012

You all have too much time on your hands

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Infact

9:40 pm on Wednesday, June 27, 2012

Lisa,
I couldnt agree more..

CJMP

3:38 pm on Wednesday, June 27, 2012

True, Lisa! But mostly it seems Warren is the one with nothing better to do!

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Warren

3:52 pm on Wednesday, June 27, 2012

KC, Lisa, CJMP- if you dont think censorship is worth a few mintues of your time to speak up about, then you are part of the problem. I recognize that I am in the minority in my opinion that censorship, in all it's forms, is wrong and that deleting that comment was indeed censorship in its worst form. the fact that so few of us are outraged by a statment like "We do not have these facts confirmed by the New Jersey State Police, therefore we cannot post them", is not surprising, but it is utterly sad.

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CJMP

4:17 pm on Wednesday, June 27, 2012

Get off your soapbox Warren. You are boring me!

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Sue Toth

5:06 pm on Wednesday, June 27, 2012

Warren I am sorry you disagree with my approach but I stand by it. I will not open myself or my company up to a potential libel suit. In my 20 plus years as a responsible journalist I know better than to do that.

Thanks for your interest in this story and for reading Patch.

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Warren

9:13 pm on Wednesday, June 27, 2012

you should check out this: http://codes.lp.findlaw.com/uscode/47/5/II/I/230 and this http://www.techdirt.com/articles/20060606/0323235.shtml. There's pretty clear rulings that reader comments do not open you or anyone other than the poster up for liablity in case of a libel accusation.

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jazzman

10:33 pm on Wednesday, June 27, 2012

ok ...really ? im thinking about suing you right now for harassment and i think ive got a case,having whole lots of witnesses here to testify to the fact,try researching that

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Warren

7:54 am on Thursday, June 28, 2012

jazzman- very intelligent argument you make. Good luck with that.

susan

9:53 am on Sunday, July 1, 2012

they need to stop the drinking on the lake especially in the byram cove on the weekends all they do all day is drink. they have a boat that has a bar on in STOP THE DRUNKS

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Warren

10:42 am on Sunday, July 1, 2012

That's like saying we should outlaw bars because some people drink and drive.. there are a lot more responsible boaters out there than drunks.

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susan

7:29 am on Monday, July 2, 2012

they should have the same rules as driving a car i was out on the lake this wknd and i saw people filling a beer bottle with water and sinking them in the lake UNBELIEVABLE

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jazzman

12:29 pm on Monday, July 2, 2012

and where do you think they peee,same lake,ive seen that same trick,Byam bay must be the cesspool

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CJMP

5:57 pm on Monday, July 2, 2012

The same law does apply to boaters. If an intoxicated driver of a boat is stopped by the marine police, he/she will be placed under arrest for DUI. Just because a boat has a bar on it, doesn't mean the driver is drunk. I know that boat...it's actually very nice. I do agree with your being upset by how some people disrespect the lake by throwing garbage, cigarettes, sinking bottles and cans, etc. One weekend last year I witnessed some Jacka** dumping his hot charcoal out of his grill into the lake. He must have actually thought it would sink. Well, it just all floated along, where everyone was swimming...I wanted to punch the jerk out! I have to assume people who do things like that do not live on or near the lake and could care less....Weekend Warriors. I believe if they are caught by the marine police, the same "no littering" laws apply and they will be issued a summons.

susan

7:39 am on Tuesday, July 3, 2012

it is the locals who do this i always here its not the lake is a urinal and garbage dump and they got alot of nerve with SAVE THE LAKE. i moved up here 16yrs ago and i hardly swim in the lake because its only a oversized septic

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Infact

1:48 pm on Wednesday, July 11, 2012

Susan,
I’m trying to be nice here but it bothers me when people speak about the lake that I grew up on 50 years plus without know what they are saying.. Where does the lake get its water from? We don’t fill it up with hoses, its spring fed.. The lake is obtaining thousands of gallons of NEW FRESH water daily which is cycled by all the boating, weather etc.. Furthermore, the overflow of water is released to the Musconetcong river. When you take the millions of gallons of water that are being cycled through the lake and compare it to 3 months (mainly weekends) of people taking a leak, the results most likely cant even be detected if there were environmental tests done looking for this.. Am I gonna reach down and grab a cup full to drink, no.. But as far as saying you wont swim in the lake, perhaps its a mental thing and something you need to work on..

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CJMP

2:08 pm on Wednesday, July 11, 2012

Thank you, Infact, for confirming my sentiments regarding the lake. I was going to comment about the lake being spring fed, the water release at the damn, water flow, rain water, etc affecting the lake in positive ways, but I wasn't sure how to word it affectively. I'm on the same page as you!

CJMP

5:48 pm on Monday, July 9, 2012

You can't say it's just the locals that do it...did you go boat to boat and ask each person in the cove where they were from? I've been boating on this lake for 30 years and have always respected it...it was my weekend getaway. I moved on the lake 14 years ago, and love it just as much as I did when I was just a "weekend warrior". And I respect the lake even more now...I live here...why would I want to ruin it? Unfortunately, there a people that are just selfish and disrespectful by nature and could care less about the environment in general...I'm sure those same lake litter bugs throw garbage out of their car windows too. As far as the lake being a septic, I don't believe the swimmers relieving themselves is as big a problem as the home septic systems leaching into the lake, particularly after a bad storm. We do need initiatives like "Save the Lake". The residents and businesses on the lake, plus the regular summer boaters should care enough to help sustain the lake for decades to come.

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