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Film crew death

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Posted by Leo_Ames on Tuesday, March 10, 2015 5:07 PM

There's a video of this. 

https://www.youtube.com/watch?v=Yt5fAkSf8AQ

Too bad they concerned themselves so much with their bed and other equipment, instead of running for their life (Has it ever been explained why they had that for a prop on a rail bridge in the first place?).

I suspect they'd of had the time to get out if they hadn't, since they're just a few steps away from safety. 

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Posted by ACY Tom on Tuesday, March 10, 2015 5:13 PM

It was a dream sequence.  I imagine the hospital bed was rented.  Wonder if they ever paid for it.

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Posted by Euclid on Tuesday, March 10, 2015 5:59 PM

Leo_Ames

There's a video of this. 

https://www.youtube.com/watch?v=Yt5fAkSf8AQ

Too bad they concerned themselves so much with their bed and other equipment, instead of running for their life (Has it ever been explained why they had that for a prop on a rail bridge in the first place?).

I suspect they'd of had the time to get out if they hadn't, since they're just a few steps away from safety. 

 

I wondered about that. As I understand it, that film sequence with the bed on the railroad trestle was based on a Greg Allman dream.  I don't know what the symbols mean, but surely sleeping on a railroad track symbolises great danger.  It would be very interesting to learn the point behind the trestle scene.  If it was to symbolise danger, it paid off well. 

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Posted by rdamon on Tuesday, March 10, 2015 7:42 PM

http://onlineathens.com/breaking-news/2015-03-10/final-allman-filmmaker-gets-probation-georgia-train-crash

Final Allman filmmaker gets probation in Georgia train crash

 

"A third filmmaker was sentenced to 10 years of probation Tuesday for her role in a train collision last year that killed a young camera assistant and injured six other crew members, allowing prosecutors to close their final criminal case in the incident that derailed the Gregg Allman movie “Midnight Rider.” "

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Posted by Paul_D_North_Jr on Tuesday, March 10, 2015 9:23 PM

rdamon
"As part of the plea deal, Director Randall Miller will spend two years in the county jail and another eight on probation on involuntary manslaughter and criminal trespassing charges. He also will pay a $20,000 fine." 

Nowhere near enough of either - his 2 yrs. vs. her 50 - 60 years of lost life, and maybe a couple $ million of earnings ? (50 years @ $20,000/ year = $1 million; use your own numbers).

Instead, I recommend 20 - 30 years in medium-secuirty prison (no "country club") and $1 million fine (bankruptcy, as practical matter)  Think he - or anyone else - will risk doing that or anything similar again ?  Or put him on  the same trestle in front of an oncoming train - with a bed between him and the end of the trestle - and see if he can get off it in time . . .

- Paul North. 

"This Fascinating Railroad Business" (title of 1943 book by Robert Selph Henry of the AAR)
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Posted by ACY Tom on Tuesday, March 10, 2015 9:51 PM

You may be too lenient, although the legal maximum sentence would have been 11 years: 10 for involuntary manslaughter and 1 for criminal trespass. 

Actually, Miller WAS on the bridge & managed to get off in time.  He used that in a shameless sympathy plea ("I almost died on that bridge!").  But he managed to get clear in time, unlike some of his subordinates, including Sarah and at least one other woman.  What happened to the idea of the Captain being the last to leave the sinking ship?   Recently released footage shows at least one noble man (maybe Wm. Hurt?) pushing past others to get clear.  Not their most shining hour.

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Posted by BaltACD on Tuesday, March 10, 2015 10:18 PM

Paul_D_North_Jr
rdamon
"As part of the plea deal, Director Randall Miller will spend two years in the county jail and another eight on probation on involuntary manslaughter and criminal trespassing charges. He also will pay a $20,000 fine." 

 

Nowhere near enough of either - his 2 yrs. vs. her 50 - 60 years of lost life, and maybe a couple $ million of earnings ? (50 years @ $20,000/ year = $1 million; use your own numbers).

 

Instead, I recommend 20 - 30 years in medium-secuirty prison (no "country club") and $1 million fine (bankruptcy, as practical matter)  Think he - or anyone else - will risk doing that or anything similar again ?  Or put him on  the same trestle in front of an oncoming train - with a bed between him and the end of the trestle - and see if he can get off it in time . . .

- Paul North.

While I agree the punishment is much to lienient, however I doubt that 2 years in a rural Georgia county jail will be much of a country club experience.

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Posted by ACY Tom on Tuesday, March 10, 2015 10:21 PM

I'll be very upset if he gets out on parole in less than two, model prisoner or not.

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Posted by Deggesty on Tuesday, March 10, 2015 10:48 PM

BaltACD
 
Paul_D_North_Jr
rdamon
"As part of the plea deal, Director Randall Miller will spend two years in the county jail and another eight on probation on involuntary manslaughter and criminal trespassing charges. He also will pay a $20,000 fine." 

 

Nowhere near enough of either - his 2 yrs. vs. her 50 - 60 years of lost life, and maybe a couple $ million of earnings ? (50 years @ $20,000/ year = $1 million; use your own numbers).

 

Instead, I recommend 20 - 30 years in medium-secuirty prison (no "country club") and $1 million fine (bankruptcy, as practical matter)  Think he - or anyone else - will risk doing that or anything similar again ?  Or put him on  the same trestle in front of an oncoming train - with a bed between him and the end of the trestle - and see if he can get off it in time . . .

- Paul North.

 

While I agree the punishment is much to lienient, however I doubt that 2 years in a rural Georgia county jail will be much of a country club experience.

 

Balt, I'm sure you are right, though I have not seen such accomodation myself. I have been inside the Pen in Atlanta and a rural Alabama county jail, and what I did see did not recommend itself to me as an ideal place to live.

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Posted by BaltACD on Wednesday, March 25, 2015 6:21 AM

Never too old to have a happy childhood!

              

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Posted by petitnj on Wednesday, March 25, 2015 9:13 AM

And the NTSB statement " Contributing to the accident was the adjacent property owner’s actions to facilitate the film crew’s access to the bridge and the CSX right-of-way." opens the flood gates for adjacent property owners to be sued if some fool crosses their property and gets killled on the tracks. 

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Posted by Euclid on Wednesday, March 25, 2015 9:24 AM

petitnj

And the NTSB statement " Contributing to the accident was the adjacent property owner’s actions to facilitate the film crew’s access to the bridge and the CSX right-of-way." opens the flood gates for adjacent property owners to be sued if some fool crosses their property and gets killled on the tracks. 

 

I wonder what were the "actions to facilitate the film crew's access to the bridge." 

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Posted by mudchicken on Wednesday, March 25, 2015 9:26 AM

petitnj

And the NTSB statement " Contributing to the accident was the adjacent property owner’s actions to facilitate the film crew’s access to the bridge and the CSX right-of-way." opens the flood gates for adjacent property owners to be sued if some fool crosses their property and gets killled on the tracks. 

 

Whatever contracts Rayonnier had with CSX are now in jeopardy for verifiable breach of contract if that/those contract(s) have the standard boilerplate language in them.

Mudchicken Nothing is worth taking the risk of losing a life over. Come home tonight in the same condition that you left home this morning in. Safety begins with ME.... cinscocom-west
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Posted by ACY Tom on Wednesday, March 25, 2015 9:27 AM

It seems that the criminal aspects of the case have been pretty much resolved, although I think the separate trial of the 1st Assistant Director is yet to be heard.  Correct me if I'm wrong about that.  I'm curious now about the lawsuits that have been filed against the perpetrators, the adjacent landowner (Rayonier), and CSX. I have never heard the identity of the person who told the film crew that only 2 trains would operate.  Assuming such a person exists (?), does he/she bear some liability?  Is he/she a representative of CSX or Rayonier?  We know CSX had no representatives on site.  Were there Rayonier personnel present?  If so, did they make any effort to stop the film crew from trespassing?

These are interesting questions.  Perhaps the biggest question is that of a court's decision regarding any real or imagined CSX liability.  I'd like to see CSX being exonerated (and I'm no fan of CSX re. other issues), then CSX make a generous donation to Operation Lifesaver or to a film set safety program in Sarah's memory.  As for the other defendants, they can fend for themselves. 

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Posted by CSSHEGEWISCH on Wednesday, March 25, 2015 10:12 AM

petitnj

And the NTSB statement " Contributing to the accident was the adjacent property owner’s actions to facilitate the film crew’s access to the bridge and the CSX right-of-way." opens the flood gates for adjacent property owners to be sued if some fool crosses their property and gets killled on the tracks. 

By statute, NTSB reports are not admissible in court.

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Posted by gardendance on Wednesday, March 25, 2015 10:29 AM

Of course I'm no lawyer, and I don't know what actions the adjacent property owner took that facilitated the film crew's tresspassing. Maybe all they did was tell the film crew ok you can film on our property, but don't you dare go onto the railroad because that's dangerous and NOT our property.

Since many accounts have said CSX specifically refused someone permission to film on the railroad, non-lawyer me feels that the adjacent property owner didn't do anything wrong, and ordinary prudent person me feels that other ordinary prudent people would think the bridge itself is not part of Rayonier's property.

As for admissability in court, does the statute say that testimony supporting the report is admissable? What if the report says "Rayonier official so and so said sure you can go on that bridge because 2 trains already went by", can the parties get Mr. So and so to testify in court about why his story today is different from the one he gave before?

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Posted by Deggesty on Wednesday, March 25, 2015 10:36 AM

gardendance

Of course I'm no lawyer, and I don't know what actions the adjacent property owner took that facilitated the film crew's tresspassing. Maybe all they did was tell the film crew ok you can film on our property, but don't you dare go onto the railroad because that's dangerous and NOT our property.

Since many accounts have said CSX specifically refused someone permission to film on the railroad, non-lawyer me feels that the adjacent property owner didn't do anything wrong, and ordinary prudent person me feels that other ordinary prudent people would think the bridge itself is not part of Rayonier's property.

As for admissability in court, does the statute say that testimony supporting the report is admissable? What if the report says "Rayonier official so and so said sure you can go on that bridge because 2 trains already went by", can the parties get Mr. So and so to testify in court about why his story today is different from the one he gave before?

 

Patrick, I agree. It seems to me that whoever said, "Let's go on the bridge" was definitely imprudent.

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Posted by BaltACD on Wednesday, March 25, 2015 11:24 AM

Deggesty

 

 
gardendance

Of course I'm no lawyer, and I don't know what actions the adjacent property owner took that facilitated the film crew's tresspassing. Maybe all they did was tell the film crew ok you can film on our property, but don't you dare go onto the railroad because that's dangerous and NOT our property.

Since many accounts have said CSX specifically refused someone permission to film on the railroad, non-lawyer me feels that the adjacent property owner didn't do anything wrong, and ordinary prudent person me feels that other ordinary prudent people would think the bridge itself is not part of Rayonier's property.

As for admissability in court, does the statute say that testimony supporting the report is admissable? What if the report says "Rayonier official so and so said sure you can go on that bridge because 2 trains already went by", can the parties get Mr. So and so to testify in court about why his story today is different from the one he gave before? 

Patrick, I agree. It seems to me that whoever said, "Let's go on the bridge" was definitely imprudent. 

Personal observation of other Rayinoer properties (tree farms), access from highways and other surface streets is through locked gates protecting the logging roads through the property.  Access through these gates would require someone from the owner to unlock the gate.  I suspect this kind of access was in place at the accident location, but don't know it for a fact.

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Posted by gardendance on Wednesday, March 25, 2015 1:49 PM

I'm assuming this particular property didn't have any barrier between it and the railroad, but I've also seen places, for example along my commute on NT Transit's Riverline, where access from the plant property to the railroad, even with a siding, is through a locked gate in a fence.

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Posted by Wizlish on Wednesday, March 25, 2015 1:58 PM

gardendance
I'm assuming this particular property didn't have any barrier between it and the railroad, but I've also seen places, for example along my commute on NT Transit's Riverline, where access from the plant property to the railroad, even with a siding, is through a locked gate in a fence.

I'd be surprised if those fences are to restrict access to the railroad from the plant property, rather than the other way around.

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Posted by SALfan on Wednesday, March 25, 2015 11:17 PM

BaltACD

 

 

 

 

While I agree the punishment is much to lienient, however I doubt that 2 years in a rural Georgia county jail will be much of a country club experience.

 

Although I have no direct knowledge of the Wayne County jail, I'm originally from the area.  I'd be perfectly willing to bet my next paycheck on your statement being correct.

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Posted by narig01 on Wednesday, March 25, 2015 11:54 PM

Wizlish

 

 
gardendance
I'm assuming this particular property didn't have any barrier between it and the railroad, but I've also seen places, for example along my commute on NT Transit's Riverline, where access from the plant property to the railroad, even with a siding, is through a locked gate in a fence.

 

I'd be surprised if those fences are to restrict access to the railroad from the plant property, rather than the other way around.

 

Looking at Google Maps the road leading to the site, Doctortown Rd, Jessup, Ga, is a public rd not private. Rayonier permission would not have been needed to access the site. 

 The NTSB recommendation:

"Recommendation As a result of this investigation, the National Transportation Safety Board makes the following safety recommendation:

To the International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts; Location Managers Guild of America; The International Cinematographers Guild Camera Local 600; Producers Guild of America; Screen Actors Guild and the American Federation of Television and Radio; Society of Motion Picture & Television Engineers; Directors Guild of America; Writers Guild of America; Teamsters Local 399; International Brotherhood of Electrical Workers, Local 40; Studio Utility Employees, Local 724, and Operation Lifesaver:

Work with [the other recommendation recipients] to create and distribute educational materials that emphasize that (1) railroads are private property requiring the railroad’s authorization to enter and (2) that, if authorization is given, everyone on sccene must follow the railroad’s safety procedures to reduce hazards"

Note that NTSB addressed this to the film industry unions. I will speculate that the Board wants awareness.

 

Rgds IGN

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Posted by ACY Tom on Thursday, March 26, 2015 12:30 AM

If you look closely at the Google map, you will see a line across Doctortown Road, near the mainline, just north of the 3-way wye intersection.   To the casual eye, that line could be an overhead wire or it could be a fence.  The aerial photo was probably taken around noon, as shadows are hard to distinguish.  I have not been to the site in several months, but if I remember correctly, that line is a fence with a gate across the road.  If I am correct about that, then it would seem that the road is not a public road, but a private road with controlled access, presumably controlled by Rayonier.  I note that the road continues east to some water impoundments that are identified as Rayonier's.  I don't know about gates that might control access from the east end because I've never seen that far from the train.

To the east it appears that there are hundreds of acres of trees, presumably Rayonier property.  Dirt roads wind through the area and it's hard to see, but I believe I spotted another gate at the intersection of Valentine Road and Rooks Road.  I conclude that the entire Rayonier property is probably gated.

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Posted by ACY Tom on Tuesday, March 31, 2015 9:17 PM

According to Variety, a hearing was held today in which attorneys for the defendants in the Midnight Rider case appealed the $74,900 fine levied against them by OSHA for safety volations.  Convicted director Randall Miller was present.

My opinion:  Shut up and pay the fine.  It's probably no more money than what your legal team is already costing you, and it will at least show for the first time that you admit to, and regret, making stupid mistakes.

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Posted by BaltACD on Wednesday, December 23, 2015 3:28 PM

Never too old to have a happy childhood!

              

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Posted by mudchicken on Wednesday, December 23, 2015 4:24 PM

I think not. Mr. Miller can stay and enjoy the Georgia county jail ambiance. (He got off stupidly light as it was.)

http://abcnews.go.com/Entertainment/midnight-rider-filmmakers-edited-footage-horrific-train-accident/story?id=29758781

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Posted by ACY Tom on Wednesday, December 23, 2015 5:57 PM

It appears that Mr. Miller has a hard time understanding that two years is two years; 24 months; 104 weeks; 730 days.  This is not particularly surprising when one considers the fact that this is the guy who didn't understand that "No" meant "No" when he asked for permission to film on CSX's mainline.

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Posted by schlimm on Wednesday, December 23, 2015 8:33 PM

In many jurisdictions, actual time in the can is about 1/3 of the sentence.

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Posted by ACY Tom on Wednesday, December 23, 2015 11:39 PM

I know that.  And I don't feel like second guessing the people charged with making the decisions about how long he stays in jail.  On the other hand, I won't be disappointed if he serves the full term.  As far as I know, it's not often that the executives are held accountable for their actions as this man has been, and I like the idea of firmly establishing the precedent.

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Posted by wanswheel on Thursday, December 24, 2015 1:11 PM
Excerpt from Deadline, Dec. 23
Earlier this month, attorneys for Midnight Rider’s incarcerated filmmaker Randall Miller — who was sentenced to two years for felony involuntary manslaughter and criminal trespass in the death of 27-year-old camera assistant Sara Jones— sought his early release from jail. The motion noted among the reasons that the Sheriff had “committed to a two-for-one computation of service” as a special condition during his sentencing, meaning Miller would get out of jail in one year instead of two.
That agreement is being strongly disputed by Wayne County (GA) Sheriff John Carter, who told Deadline it was “flat out not true” and that he never committed to anything of the sort.

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