Former prosecutor and longtime defense attorney Michael Hornung, like many others, has seen the viral video of two boaters arguing on the Peace River.
“It was pretty astonishing,” Hornung described.
Hornung believes that Brock Horner, the charter boat captain in the video, will likely face criminal charges for his role in the confrontation.
“The charter captain — at the very, very least — is probably looking at a criminal trespass by going on to the person's boat without their permission,” Hornung explained. “And a criminal assault. With his words, his actions.”
Both are misdemeanor charges. Hornung explained that it doesn't have to get physical to be an assault.
“There's some real serious concerns here for the captain of the charter,” Hornung said.
Horner boarding the other man’s boat without permission has raised the question: what rights do people have in defending themselves if something like this happens?
"What is shown on this video – I don't believe that using any type of deadly force or excessive force would be warranted,” Hornung explained. “If (Horner) touched the young man. If he tried to control, throw him overboard, do things like that where his life was in danger. Then it rises to, potentially, that level."
Hornung can't help but feel like the situation could have been avoided so easily.
“There are a lot bigger fish to fry than worrying about getting yourself in criminal liability. Civil liability,” he said. “It's not worth it.”
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