# Ship's Captain convicted of criminal misconduct



## rushie (Jul 5, 2005)

From the Houston Chronicle - 

_A federal jury today convicted a ship captain of criminal misconduct in a deadly docks crane collapse on Mobile's waterfront.

Wolfgang Schroder, 58, was convicted in U.S. District Court of misconduct in the March 2 accident at the Alabama State Docks container facility.

At sentencing in February, Schroder, a German native who lives in Ireland, could get up to 10 years in prison. He was arrested in April on a criminal complaint by the U.S. Coast Guard in Houston.

His ship, ZIM Mexico III, struck a 196-foot-high skycrane, which toppled, killing a contract electrician, Shawn Jacobs, 46, who was working on the crane. The 534-foot-long ship was turning in the river when its bow struck the crane, which was not in use at the time.

Prosecutors contended that Schroder was responsible for the collision because he ignored concerns about a steering mechanism, the bow thruster, which had lost power on two previous occasions. Schroder's defense team disputes that characterization.

"We hope that this verdict does two things — that it provides some measure of comfort to the family, and we hope that it increases safety at the Port of Mobile," the lead prosecutor, Assistant U.S. Attorney Maria Murphy, told the Press-Register, which first reported the verdict on its Website.

Schroder's lawyers maintain that the collision was a tragic but unavoidable accident and defense attorney Irwin Schwartz vowed to continue the legal fight on Schroder's behalf.

Schwartz said he was disappointed in the verdict.

"But this is only an intermediary step in the process," he said.

For Jacob's relatives, the verdict brought some relief.

"We feel it's a just verdict," said Sheryl Everett, Jacobs' sister.

"It certainly doesn't bring Shawn back at all. Everything is cliché, but it brings some measure of accountability, some measure of peace," the victim's brother, Steve Jacobs added._

Blame culture perhaps..?

Rushie


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## Coastie (Aug 24, 2005)

Strikes me of there's no such thing as accident, someone is ALWAYS to blame. Sad.


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## Geoff Garrett (May 2, 2006)

Of course what the Captain should have done here was to tie his ship up to the wharf and refused to move it until "concerns about steering mech...loss of ...previous power..etc" had been resolved and then see how popular he becomes, ie A very difficult man. The Harbour Authority straps tugs alongside then moves him off to another place. The engineers claim the Capt. doe'snt know what he's talking about. The Owner (Technical Manager) then sacks him and replaces him with somebody "more co-operative". A classic, damned if he does and damned if he doe'snt situation and a place where a lot of us have visited before. The poor chap has all my sympathies.


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## John Briggs (Feb 12, 2006)

No wonder people won't go to sea anymore. Criminal misconduct for an accident - bloody disgraceful!


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## hilifta (Feb 12, 2006)

Only in America !!!!


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## paul0510 (Jul 25, 2005)

*Zim Mexico III*

Headlines in the German news today drew my attention to this disaster that occured in March of this year. The reason that has caused me to dig deeper into this, is the name of the Master whom I knew well as we sailed several times together on the 'Gabriele Wehr' running from the Continent to Immingham on almost a daily basis 25 years ago. The German news article goes into much more detail and is really an eyeopener into the American judicial system. If you understand the lingo have a bash at the second link.
The third link shows a picture of the accident site.


http://www.hcmm.org.uk/news_detail.asp?NewsID=100
http://www.tagesschau.de/aktuell/meldungen/0,,OID6191382_REF1,00.html
https://www.piersystem.com/go/doc/425/111819/


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## John Cassels (Sep 29, 2005)

Paul, Master's name rings a bell. Was he employed by a management or
crewing agency ?.

JC


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## paul0510 (Jul 25, 2005)

Hi John,

he and I were both employed by Oskar Wehr KG out of Hamburg. We RoRo'ed generally between Zeebrugge, Rotterdam, Immingham, Felixstowe and Walhamn in Sweden. He had already been Master a couple of years when we met in 79. We did a lot of charter work for Cobelfret I seem to remember. Got them bells ringing still?


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## john shaw (Jun 23, 2006)

there were a couple of quite long threads re this earlier on this site:

http://www.shipsnostalgia.com/showthread.php?t=8156

http://www.shipsnostalgia.com/showthread.php?t=8651


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## paul0510 (Jul 25, 2005)

thanks, John, I'd actually searched the site for the ship's name and came up with nought.


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## John Cassels (Sep 29, 2005)

paul0510 said:


> Hi John,
> 
> he and I were both employed by Oskar Wehr KG out of Hamburg. We RoRo'ed generally between Zeebrugge, Rotterdam, Immingham, Felixstowe and Walhamn in Sweden. He had already been Master a couple of years when we met in 79. We did a lot of charter work for Cobelfret I seem to remember. Got them bells ringing still?


Paul , the name still sounds familiar. I'm sure he was Master on one of
our ships in the mid '80's when we used an outfit called Dorchester
Marine for our senior officers . I'm sure , but not 100% sure.

JC


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## Frank P (Mar 13, 2005)

paul0510 said:


> Headlines in the German news today drew my attention to this disaster that occured in March of this year. The reason that has caused me to dig deeper into this, is the name of the Master whom I knew well as we sailed several times together on the 'Gabriele Wehr' running from the Continent to Immingham on almost a daily basis 25 years ago. The German news article goes into much more detail and is really an eyeopener into the American judicial system. If you understand the lingo have a bash at the second link.
> The third link shows a picture of the accident site.
> 
> 
> ...


Thanks for the links Paul.

If I understand correctly, During the "Herald of Free Enterprise" incident in 1987, for the assistance that he gave during that emergancy Captain Wolfgang Schröder recieved a commendation letter from Margaret Thatcher and a medal from the King of Belgium.

The way he is beeing treated in that American jail makes you think that he had jumped on the pier and shot the electrician. The electicians family have my sympathy, but it was an accident. I can not understand why the Captain has not been given bail.

Frank


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## non descript (Nov 18, 2005)

*Rickmers captain freed*

From today's Tradewinds;

*Rickmers captain freed 
*
_ 
A German master prosecuted for his part in the toppling of a container crane in Alabama was released today after a district judge ruled he had served sufficient time in jail. 

Wolfgang Schroder, 59, was found guilty of criminal misconduct last October after a collision between his ship the Zim Mexico III and a crane caused the death of an electrician working on the structure. 

Though sentencing was set for February Schroder was imprisoned after the court ruled his overseas connections made him a potential flight risk. 

But US district judge Ginny Granade ruled this week Schroder had served sufficient time in jail in the intervening four months, and rejected appeals for a longer sentence. 

Though guidelines for such offenses could have kept Schroder behind bars for 10 to 16 months, Granade said she did not feel more time in prison would be useful. The conviction resembled more a civil rather than a criminal offense, she added. 

Schroder was released and given 72 hours to leave the country or be deported. 

The bow of the Zim Mexico III was reported to have struck the crane as it was turning in the river, causing it to collapse. There were claims at the time that Schroder could face up to 10 years in prison. 

Prosecutors had argued the master was responsible because he ignored concerns about a bow thruster which had lost power on two previous occasions. 

His lawyers countered that the collision was a tragic but unavoidable accident. 

The 1,156-teu boxship Zim Mexico III (built 1993) is owned by Germany’s Bertram Rickmers. 
_


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## paul0510 (Jul 25, 2005)

Thanks Tonga, good news! German news reports he has to pay $60,000 to the relatives.

Paul


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## jimmys (Jan 5, 2007)

The only reason this prosecution went ahead was because there was a death.
In any port in the world once there is a death "the hare starts to run". No one can stop it it does not matter what happened the system powers itself. The master of the ship was caught up in it.
The same thing would have happened in UK.
I was involved in a few death enquiries it is a nightmare for all.

best regards
jimmys


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## Bearsie (Nov 11, 2006)

I said it before and I say it again, the electrician had no business being on a crane that overhangs the pier, while a ship was docking.
Whoever ordered him to be there should be arrested as an acomplice to murder (under Alabama law) 
That said, Alabama (as well as Mississipppi) are well known for their odd "justice". 
Would the captain have been a local "boy" and the electrian a "foreigner" from up north, the electrician (dead or not) would have been charged with obstructing river traffic! 

Frankly had the same thing happened in Philadelphia the Captain would most likely not be in Jail at the moment....


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## Derek Roger (Feb 19, 2005)

Thanks Bearsie ;
I Agree and think the action is Scandelous . 
With a ship "docking " the bloody crane should not have been operational ?/ doing maintaiance ? and over the side in any event . 
I sympathise with the Master .
Bye the way where does the Pilot fit into this " U S Decision ??? 

Derek


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## non descript (Nov 18, 2005)

Another report of the case from (and copyright of) today's Lloyd's List:

_ Schröder freed after 11-month Alabama jail ordeal
Time behind bars since October rated punishment enough, writes Rajesh Joshi - Friday 9 February 2007

WOLFGANG Schröder’s 11-month ordeal has ended as a US federal judge in Alabama set free the 59-year-old master on time already served.

District Judge Ginny Granade decided at Capt Schröder’s sentencing hearing that the severity of his crime that caused the death of 46-year-old contract electrician Shawn Jacobs last March did not call for invoking the sentencing guidelines of 10 to 21 months.

This allowed the judge to use her discretion and rule that Capt Schröder’s incarceration since October 16 on grounds that he posed a “flight risk” was punishment enough. The felony would, however, remain on his record.

According to local press reports Capt Schröder appeared at the hearing in handcuffs and leg shackles. His attorney read a statement which expressed the master’s sorrow over the accident.

“I expect that my conviction will end my career at sea sooner than I had expected,” he said.

Michael Chalos, who represented Rickmers Reederei, Capt Schröder’s employer, said: “This is an important case for the shipping industry and we are happy at the way it has ended.”

The master was understood to be preparing to leave for Britain on his way to Germany within 72 hours.

The possibility of the prosecution appealing against the judge’s ruling appeared unlikely, according to legal experts.

Seafarers’ welfare advocates hailed the ruling, but for them the struggle has just begun.

Douglas Stevenson, director of the Centre for Seafarers’ Rights at the Seamen’s Church Institute of New York and New Jersey, told Lloyd’s List from Mobile that the main objective for like-minded interests now would be to seek a repeal of the outdated US seamen’s manslaughter statute, dating from 1838, which was instrumental in Capt Schröder’s plight.

“The statute provides criminal sanctions for simple negligence,” Mr Stevenson said. “Normally, such cases are handled in civil court.”

Capt Schröder was in charge of the Zim Mexico IIIon March 2 last year as it left Mobile after being delayed in fog. On the bar pilot’s recommendation he opted against ordering a tug and turned the ship round in the Mobile River.

However, the bow thruster failed, causing the ship to slam into the dock. A 196 ft crane toppled on impact, crushing Mr Jacobs, who was inside the cab.

Capt Schröder has been living in a flat in the area since March. A federal jury indicted Capt Schröder in September under the seamen’s manslaughter statute on a charge of simple negligence.

Judge Granade ordered federal marshals to take him into custody a few days after the trial, deeming him a flight risk because of his “worldwide contacts”.

The judge rejected a request for home confinement with electronic monitoring. Had the master been a US citizen with ties to the local community, bail could have been arranged. In the event Capt Schröder found himself in jail.

The maximum penalty on the manslaughter charge, which supposes gross negligence, could have been up to 10 years, but guidelines invoked by the judge earlier had suggested a maximum possibility of 21 months.

Rickmers has already pled guilty to criminal charges, admitting it was vicariously responsible for the crime. It has been fined $375,000 pursuant to an agreement with the US Attorney.

Irwin Schwartz, a criminal defence lawyer from Seattle who represented Capt Schröder in the case, told Lloyd’s List after the sentencing the master was grateful to all shipping interests, including the media, trade associations and shipowners, who rallied to his support_.


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