Jim from Japan here welcome back to the channel I have some updates on the linear mills case perhaps you've seen it there was a release on Facebook and that was brought to my attention by the representation from the family today and we're gonna have a quick look at that let's get into it. So first there was a release by the US Department of Justice what is this the US Attorney District of Montana and I believe this was released the examination and the release I think was done by the assistant US Attorney Carla painter so June 10th 2021 this is to inform you office's decision to decline prosecution, diversnow criminal violation, Montana code you know who knows what that is based on let you know scuba diving structure as we discuss it appears snow was negligent and perhaps grossly so so that's going to be setting things up for the civil litigation later on for sure and several respects specifically investigation and skill snow did not ensure functional dry suit appropriately at placed weights and failed to continually supervise that would seem to indicate a failure in the duty as instructor which will be part of the civil litigation for sure a failure to act as the average everyday instructor in your duty of care whilst snow was likely a fault to some extent interesting to some extent we cannot prove beyond a reasonable doubt that she was criminally culpable now that's gonna depend here on how they define criminally culpable going back to the statute that they charged let's look to satisfy the elements for a charge of criminal endangerment we would need to show that snow here's the essential thing knowingly engaged in conduct now if you're like me and you followed a lot of YouTube last year we saw a lot of kinds of charges that hinged on knowingly doing something or not depending on level of the charge and in this case they would need to show knowingly engaged in that dangerous behavior that we all discussed and created a substantial risk of death or serious injury which she did I think we can all agree in her interview snow stated that she had instructed mills on two prior occasions and observed her to be a competent and composed diver let me see snow reported she had no specific concern about mills being able to successfully complete this dive now that's starting to show negligence because we all know that that was impossible if you know anything about dry suits now here is the most troubling part for me snow still did not know what had gone wrong now as a win and at what point in the dive or as it's after the dive if we're talking after the dive and snow still didn't know what had gone wrong that's a really sorry state of affairs as I think anybody I think what is this this thing has 30,000 plus views now it's hard to find someone who doesn't know what went wrong here so I don't know when that was referring to all right so we cannot establish that was snow's knowing conduct that caused her death so again this foreknowledge or the ability to know that your dangerous conduct was definitely going to or highly probable of causing another person's injury or death I think we've all kind of admitted that in the analysis I don't think anybody was thinking that snow was purposely trying to to kill another human being I don't think anyone thought that I think I was all hoping that whatever the charges were that were brought that it would show that there was some level of criminal culpability in the gross level of negligence all right so yesterday the family had a response to this on their Facebook account the Lisa Mills that's the mom account with a picture of Linnea there please read this important statement from our family regarding the death of Linnea Rose Mills our daughter deserves more than this so this was June 18 2021 so our family has been informed at the United States our family has been informed as declined to prosecute while teaching yeah as as they said just going through although the assistant attorney Carla painter informed the National Park Service that snow was negligent percent grossly so we just saw that and likely at fault in Mills's death here was a thing of course we cannot prove beyond a reasonable doubt that she was criminally capable culpable all right so the first paragraph is basically a summary of what we had just gone through together and it talks about Montana code here criminal criminal endangerment so I suppose that that code includes a knowingly engaging in something that is likely or highly likely to cause harm or death to another individual doesn't show it here so frankly we find that baffling yeah relied on the word of Debbie snow that she did not know and we engage with the daughter and one snow violated the training standards with all these things that she did wrong that we talked about in the last video lack of inflator hose the overr waiting the lack of buoyancy control, lack of training etc etc and it says secondly painter relied on faulty determination of the examiner's office which is based on misleading information by snow there was alleged some misinformation there from the beginning inexperience a lack of understanding and an incomplete review of evidence so there's some accusation here that the medical examiner's office was not acting appropriately I don't know anything about that maybe we'll learn more as this goes on however it was alleged here now here's the the interesting point that I talked about previously furthermore why not the from the family why not charge or have charge snow with something a lesser charge negligent homicide or negligent endangerment neither of which need the knowingly which would be negligent homicide or this negligent endangerment both of these charge record only showing negligent conduct that creates a substantial risk of death or seriously bodily injury to another person and not showing that of intent so this seems very very reminiscent to me of some things I was seeing last year yeah this makes a lot of sense and I don't know hopefully we'll learn more about that okay so down in the last paragraph it asks the US attorney leave Johnson to have another look at this maybe and maybe considering the lesser charges because the family feels like they have not received justice now this part is a little bit sensitive to me I'm going to include all of the original links for these documents that you see here I'm also going to include the link for the website of leaf Johnson his official Department of Justice DOJ website and his contact information there is an email address there if anybody feels like on their own that they would like to reach out and you know make make an argument why they think that this case perhaps should be looked at in the lesser extent where not showing intent and perhaps there's also an allegation that the examination really didn't understand how much danger this student was put into there's an allegation by the representation team that it's thought that the people didn't understand scuba enough who were looking at this so they didn't understand exactly how much danger Linne was put in by the instructor if anybody wants to highlight any of these facts that's on you I'm definitely not suggesting email bombing or threatening or anything like that if anybody wanted to make a cogent sensical appeal about why they think these things should be considered there is the information for you to make that measured move okay that's all I just wanted to update folks I know it's out there you could read it some people like to watch videos and here it is so the information's out I'm trying to help folks get it out I will relay updates on this situation as I receive them thank you all for listening see you next time if you'd like to stay up to date on this and others kuba incidents hit subscribe