Man Involved in Newport Boating Death Seeks Exoneration From Liability in U.S. District Court

After state officials found that Portsmouth resident Frank Teixeira “was not speeding or operating his 28-foot cruiser, named @Last, in reckless disregard for the safety of others” in the boating death of Sandra Tartaglino this past August in Newport, Teixeira, as owner of the vessel, is now seeing “exoneration from or limitation of liability” in U.S. District Court.

“The collision between the M/V AT LAST and S/V UNNAMED and any and all death, injuries, damages, and losses claimed to have resulted therefrom, were not caused or contributed to by any breach of applicable statutes or regulations, or any unseaworthiness, fault, neglect, or lack of reasonable care by or on the part of the M/V AT LAST or Teixeira,” wrote Teixeira’s lawyer Kirby Aarsheim in the filing made on Tuesday.

READ: Fatal Boating Collision Kills Female Crew Member in Newport

“Alternatively, any breach of applicable statutes or regulations, or any unseaworthiness, fault, neglect, or lack of reasonable care by or on the part of the M/V AT LAST or Teixeira that might have contributed to any and all alleged injuries were occasioned and incurred without the privity or knowledge of Teixeira and/or were occasioned and incurred due to the fault of third parties for which Teixeria is not responsible,” he continued.

“Teixeira seeks exoneration from liability for any and all death, injuries, damages, and losses of any kind arising from the incident…on August 11, 2019,” stated Aarsheim.

The DEM released the following details on the day of the crash:

"At 2:45 PM today the United States Coast Guard (USCG) put out an urgent marine information broadcast of a person in the water on the Jamestown side of the Pell Bridge. The Narragansett Bay Marine Task Force was activated and the Newport Harbormaster responded first and recovered a 60-year-old woman, unconscious, resulting from a collision between a powerboat and a two-person catamaran sailboat. She was racing in the New England 100 Regatta. The woman was later pronounced dead. Alcohol was not a factor. Both vessels were transported to Fort Adams State Park. The woman’s identification is being withheld pending notification of her family. DEM is investigating the incident. DEM has no further details at this time."

Latest Following Crash — and Death

On October 17 — more than two months after the accident and death occurred — the Rhode Island Department of Environmental Management released the following.

Environmental Police Officer (EPO) Kevin Snow and Lieutenant Daniel White of DEM’s Division of Law Enforcement led the investigation.

Four law enforcement officers from three different agencies – the United States Coast Guard (USCG), DEM, and the Newport Police Department – did not observe any indication of alcohol or drug use. Officers did not see or find any alcohol containers on Teixeira’s boat. Investigators found that excessive speed was not a factor in the collision. DEM presented the case to the Office of Attorney General, which shares DEM’s conclusion that the facts and circumstances do not rise to the level of criminal conduct. In order to charge a felony – namely Operating So As to Endanger – Resulting in Death – it would have to be proven that the operator intended or foresaw the consequence, knew his actions were wrong but proceeded anyway, or willingly acted recklessly knowing it would cause a death.



DEM is, however, citing Teixeira with four violations of the Coast Guard’s Inland Navigational Rules. DEM will prosecute the case in the Rhode Island Traffic Tribunal. Arraignment is set for November 13. The violations include Risk of Collision, Action to Avoid A Collision, Responsibilities Between Vessels, and Failure to Keep A Look-Out. Each violation carries a maximum fine of $100. “Every vessel shall at all times maintain a proper look-out by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision,” state the USCG rules. Sailing vessels have the right of way over power-driven vessels, the USCG rules also state.

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