Film crewman killed by train

Alan Walker · **Posted:** Tue May 27, 2014 5:48 pm

wilkinsd wrote:

Alan Walker wrote:

robertmacdowell wrote:

Correct me if I'm wrong but I was under the impression that you can refuse to testify using the 5th as long as the potentiality of a criminal prosecution exists. Is the D.A. declining to prosecute sufficient? I would expect not, unless that disposition was made official in some way, e.g. a deal for immunity.

To say nothing of the possibility of being prosecuted by another branch of government, e.g. by regulators, at the Federal level, or the IRS.

Of course everything has a trade-off, and in civil court (unlike criminal) they are allowed to judge you by your refusal to testify.

Fifth Amendment protection can only be invoked in criminal prosecution. The Constitution protects the individual against the state-not another private party. The county attorney may decline to prosecute if they determine that prosecution is not in the best interest of the public.

You can invoke Fifth Amendment protection in a civil lawsuit. However, unlike in a criminal inquiry, it may carry consequences, or require review by a judge to determine if the invocation is valid. Of course, your jurisdiction and mileage may vary. Consult compotent legal counsel.

That is a better answer. In a civil lawsuit, even if you invoke Fifth Amendment protection, you can be ordered to answer the question or penalized for contempt of court with a fine and/or jail. At the very least, failure to answer can be used by the opposing party to argue guilt.

Trainlawyer · **Posted:** Wed May 28, 2014 9:47 am

Invoking the privilege against self-incrimination is very high on the list of things I would not want a client to do in a civil matter. There are two primary reasons for this. The first is that you might as well wave a large fluorescent yellow flag in front of the court imprinted with the words "WE REALLY SCREWED UP, and, by the way, we committed a crime in the process". The second is that even if was invoked in depositions or answering interrogatories, unless I have some significant material to horse trade with, then there is a very high probability that a prosecutor will start sniffing around to see what my client is afraid of acknowledging. Even if there are no charges forthcoming that can be a major pain in posterior. There are other ways to block the testimony and counsel needs to make use if them. If my client is at fault and is being sued for an action that could also be considered criminal the words, "Settle - NOW" come to mind,

GME

wilkinsd · **Posted:** Wed May 28, 2014 10:24 am

Trainlawyer wrote:

Invoking the privilege against self-incrimination is very high on the list of things I would not want a client to do in a civil matter.

Yes, just because you can does not mean you should.

In at least one of the states in which I hold a bar card, you can actually get what is called a negative inference jury instruction against the party who invokes the Fifth Amendment. Unlike criminal matters, where you, as a prosecutor, cannot comment on a defendnat's unwillingness to testify, you can basically get a jury instruction saying that you can hold that against the party whom is invoking the Fifth Amendment.

Alan Walker · **Posted:** Wed May 28, 2014 1:59 pm

Trainlawyer wrote:

Invoking the privilege against self-incrimination is very high on the list of things I would not want a client to do in a civil matter. There are two primary reasons for this. The first is that you might as well wave a large fluorescent yellow flag in front of the court imprinted with the words "WE REALLY SCREWED UP, and, by the way, we committed a crime in the process". The second is that even if was invoked in depositions or answering interrogatories, unless I have some significant material to horse trade with, then there is a very high probability that an a prosecutor will start sniffing around to see what my client is afraid of acknowledging. Even if there are no charges forthcoming that can be a major pain in posterior. There are other ways to block the testimony and counsel needs to make use if them. If my client is at fault and is being sued for an action that could also be considered criminal the words, "Settle - NOW" come to mind,

GME

Personally, I prefer the analogy of tattooing "GUILTY/WE REALLY SCREWED UP" on the defendant's forehead.

Chris Webster · **Joined:** Sat Aug 25, 2007 12:45 am **Posts:** 1089

Here is an informative article from last Friday:
Deadline.com: Hollywood Adopted Railroad Safety Guidelines Shortly Before Sarah Jones’ Death (Friday, May 23, 2014)

An excerpt:

Quote:

Ten months before Sarah Jones was killed in a tragic railroad accident on the Georgia set of Midnight Rider, the [Alliance of Motion Picture and Television Producers] Industry-Wide Labor-Management Safety Committee issued “Safety Bulletin #28: Guidelines for Railroad Safety” — an eerily prescient warning about the hazard of working on and around railroad trains and tracks. Not a single news outlet even mentioned that it had been issued.

The article also contrasts the safety bulletin's instructions against the allegations made in the wrongful death suit filed by Sarah Jones’ parents:

Quote:

The bulletin states: “Prior to starting rail work, the production, in conjunction with the railroad representative, will conduct a safety meeting with all involved personnel to acquaint cast and crew members with possible workplace risks.” The lawsuit, however, alleges that the production company “failed to hold a safety meeting prior to filming.” The bulletin states: “Always follow the instructions of the designated railroad representative, and any written work or safety rules distributed by production.” The suit claims that the production company “failed to secure approval for filming” from CSX Transportation, which operates the tracks, and “concealed their lack of approval from CSX from the cast and crew.”

Chris Webster · **Joined:** Sat Aug 25, 2007 12:45 am **Posts:** 1089

A grand jury returned an indictment:

Quote:

BRUNSWICK, GA - Brunswick District Attorney Jackie Johnson says an indictment has been returned in Wayne County Superior Court charging Randall Miller, Jody Savin and Jay Sedrish with involuntary manslaughter and criminal trespass in connection to the death of 27-year-old Sara Jones. Jones was a camera assistant working on the set of 'Midnight Rider.' She was killed in February 2014 when an oncoming train passed through the set.

WSAV-Television: Several Indicted on Criminal Charges Involving 'Midnight Rider' Death

jmlaboda · Updated 8/9/17 with 8,402 new links

Saw a report about this incident, with mention to Producers and the Director being charged with trespassing and manslaughter... "because they did not have permission to be on the tracks."

I hope they burn them a new one!!!

jmlaboda · Updated 8/9/17 with 8,402 new links

http://www.thestar.com/entertainment/movies/2014/07/04/gregg_allman_movie_officials_indicted_in_train_death_of_young_crew_member.html

Trainlawyer · **Posted:** Sat Jul 05, 2014 12:38 pm

Interesting that the charge is involuntary manslaughter, coupled with criminal trespass.

Georgia law defines involuntary manslaughter as an accidental killing as the result of an illegal act. It defines criminal trespass as Enter(ing) upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person after receiving, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant that such entry is forbidden. Criminal trespass is a misdemeanor. Were it a felony the charge could have been murder.

What this is telling me is that the District Attorney believes that she can show 1) that the producers et alia knew that they did not have permission to be on the bridge and that they made the decision to film there anyway; and, 2) that Ms Jones would not have been on the bridge had she not had a good faith belief induced by the actions or statements of the producers that they did in fact have such permission.

The manslaughter comes directly from the death being the result of the trespass. The young lady is dead as the direct result of the illegal act. Convince a jury of 1) and 2) above and you have it.

There are probably pile of lesser charges that could be included such as the assault on the makeup artist who lost the use of her arm, damage to CSX's property from the bed frame et cetera. Establishment of the criminal act - the trespass - is transferable to all of the civil actions arising out of the same incident and the objective here should be to make everybody whole (I recognize that no settlement will return Ms Jones to her family) rather than simply to exact retribution and the producers will have difficulty paying the claims while in prison.

I will be very surprised if this goes to trial.

GME

Chris Webster · **Joined:** Sat Aug 25, 2007 12:45 am **Posts:** 1089

An update -Los Angeles Times: 'Midnight Rider' producers booked in Ga. in camera assistant's death

Quote:

Pasadena-based film producers of the "Midnight Rider" movie Randall Miller and his wife, Jody Savin, who have been charged with involuntary manslaughter in the death of a 27-year-old camera assistant, turned themselves over to authorities in rural Georgia on Sunday.

Wayne County Sheriff John Carter said the couple were booked and released after posting a bond of $27,000 each.

A third producer on the film, Jay Sedrish, who also has been charged, is expected to turn himself in by Thursday, Carter said. No arraignment date has been set, he said.

Alan Walker · **Posted:** Wed Jul 16, 2014 2:15 pm

Trainlawyer wrote:

Interesting that the charge is involuntary manslaughter, coupled with criminal trespass.

Georgia law defines involuntary manslaughter as an accidental killing as the result of an illegal act. It defines criminal trespass as Enter(ing) upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person after receiving, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant that such entry is forbidden. Criminal trespass is a misdemeanor. Were it a felony the charge could have been murder.

What this is telling me is that the District Attorney believes that she can show 1) that the producers et alia knew that they did not have permission to be on the bridge and that they made the decision to film there anyway; and, 2) that Ms Jones would not have been on the bridge had she not had a good faith belief induced by the actions or statements of the producers that they did in fact have such permission.

The manslaughter comes directly from the death being the result of the trespass. The young lady is dead as the direct result of the illegal act. Convince a jury of 1) and 2) above and you have it.

There are probably pile of lesser charges that could be included such as the assault on the makeup artist who lost the use of her arm, damage to CSX's property from the bed frame et cetera. Establishment of the criminal act - the trespass - is transferable to all of the civil actions arising out of the same incident and the objective here should be to make everybody whole (I recognize that no settlement will return Ms Jones to her family) rather than simply to exact retribution and the producers will have difficulty paying the claims while in prison.

I will be very surprised if this goes to trial.

GME

The defendants are probably toast (and well done at that). I expect that they will plead if the prosecutor offers to reduce the charges or sentence requested-assuming that the prosecutor is willing to do that. We had a case many years ago in Tennessee where a school bus driver was charged with three counts of criminally negligent manslaughter in a train vs. school bus collision. The defense offered to plead if the prosecutor would reduce the charges or sentence. The prosecutor refused to do any such thing, stating publically that the maximum penalties then allowed were too lenient. That case went to trial and the driver was convicted and got the maximum sentence permitted by law.

While I can't imagine the defendants paying damages while incarcerated (should they be convicted), there certainly is a possibilty that the plaintiffs in the civil cases will attach whatever properties they can, should they win a judgment in that case. They'll also probably garnish whatever future earnings the defendants make. A criminal conviction and civil judgment in favor of the plaintiffs will establish precedent and be a strong deterrant to similar acts in the future.

Chris Webster · **Joined:** Sat Aug 25, 2007 12:45 am **Posts:** 1089

Another update:
Production company associated with film crew death cited by OSHA

Quote:

A California production company associated with Atlanta film crew member Sarah Jones' February death on a Jesup-area train trestle has been cited by the U.S. Department of Labor’s Occupational Safety and Health Administration for "one willful and one serious safety violation for exposing employees to struck-by and fall hazards," according to a release sent by the department Thursday. OSHA proposes a fine of $74,900.

Chris Webster · **Joined:** Sat Aug 25, 2007 12:45 am **Posts:** 1089

CSX has finally made a publicly available statement about the crash:

Quote:

CSX Transportation twice denied producers of a biographical movie about singer Gregg Allman permission to shoot on its railroad tracks before a freight train slammed into the film's crew in south Georgia, killing one worker and injuring six, the company said in court documents.

Legal filings in Chatham County State Court mark the first time Florida-based railroad operator CSX has made any publicly available statement about the Feb. 20 crash involving one of its trains and the crew of the movie "Midnight Rider.

Link to the article - CSX: Film crew denied track access before crash

Chris Webster · **Joined:** Sat Aug 25, 2007 12:45 am **Posts:** 1089

Another update:

Quote:

SAVANNAH, Ga. (AP) – A fourth filmmaker has been charged with involuntary manslaughter and criminal trespassing in connection with a February train crash in Georgia that killed a crew member during shooting of a movie about singer Gregg Allman.
Wayne County Superior Court clerk Betty Taylor says Hillary Schwartz, an assistant director on the film “Midnight Rider,” pleaded not guilty Tuesday. Schwartz was indicted earlier this month on the same counts that director Randall Miller and two others were charged with in July.

Source:WJCL News: Fourth filmmaker charged in Allman movie train crash

Ray Reter · **Posted:** Sat Nov 01, 2014 7:50 pm

Last night's (Friday, October 31, 2014) episode of the ABC-TV show "20/20" lead off with this tragic story. They included video from the locomotive cab camera, which they said had just been released, and interviews with some of the movie crew members. A sad, tragic story, indeed. --- Ray