TRIAL BRIEF by USA as to Dustin Sean McCabe — USA v. McCabe (Dkt. 70)

Record facts

U.S. District Court for the Southern District of Florida · No. 9:24-cr-80103-AMC · Doc. 70 · 2025-02-27 · Docket on CourtListener

Summary

A Joint Proposed Jury Instruction as to Seaman's Manslaughter filed February 27, 2025 as Document 70 in United States v. Dustin Sean McCabe, No. 9:24-cr-80103-AMC, in the U.S. District Court for the Southern District of Florida. The United States and the defendant submit the instruction jointly for Count One and state that it supersedes the proposals they filed at Docket Entry 54 at 22-26. The instruction sets out three elements to be proved beyond a reasonable doubt, including that the defendant was an owner, charterer, captain, engineer, pilot or other person employed on the M/V SOUTHERN COMFORT, and defines negligence and proximate cause. The two-page filing is signed by Assistant United States Attorney Zachary A. Keller and defense attorney Terrence O'Sullivan.

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Full text

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
 
CASE NO. 24-80103-CR-CANNON 
 
UNITED STATES OF AMERICA 
 
v. 
 
DUSTIN SEAN McCABE, 
 
 
Defendant. 
___________________________________/ 
 
JOINT PROPOSED JURY INSTRUCTION AS TO SEAMAN’S MANSLAUGHTER 
 
 
The United States of America and Defendant Dustin Sean McCabe, by and through their 
undersigned counsel (collectively, the “Parties”), respectfully submit this Joint Proposed Jury 
Instruction as to Seaman’s Manslaughter. This joint proposal supersedes the proposals the Parties 
submitted at Docket Entry 54 at 22-26.  
PROPOSED JURY INSTRUCTION: SEAMAN’S MANSLAUGHTER 
Count One charges the Defendant with seaman’s manslaughter. It’s a Federal crime for 
a captain, engineer, pilot, owner, charterer, or other person employed on a vessel to engage in 
negligence that proximately causes the loss of a life. 
The Defendant can be found guilty of this crime only if all the following facts are 
proved beyond a reasonable doubt: 
(1) that the Defendant was an owner, charterer, captain, engineer, pilot, or other 
person employed on the M/V SOUTHERN COMFORT; 
  
(2) that a person lost his or her life; and 
 
(3) that the loss of life was proximately caused by the Defendant’s negligence. 
  
“Negligence” is a breach of duty, which means an omission to perform some duty, or a 
violation of some rule or standard of care, which is made to govern and control one in the 
Case 9:24-cr-80103-AMC   Document 70   Entered on FLSD Docket 02/27/2025   Page 1 of 2

2 
 
discharge of some duty. Negligence includes misconduct, inattention to duties upon the vessel, 
fraud, connivance, and violation of law.  
Negligent conduct “proximately causes” a loss of life if the loss of life resulted from the 
negligence and it was reasonably foreseeable that the negligent conduct was or could be a threat 
to the lives of others. 
CONCLUSION 
Based on the authority set forth in the Parties’ submissions, see DE 29; DE 54 at 22-26, 
and after conferral, the Parties respectfully request that this Court instruct the jury as proposed 
herein for Count One.  
Dated: February 27, 2025 
 
 
Respectfully submitted, 
 
HAYDEN P. O’BYRNE 
UNITED STATES ATTORNEY 
 
By: 
 /  Terrence O’Sullivan                             
            TERRENCE O’SULLIVAN 
            Attorney for Defendant 
            Florida Bar No. 0644031  
            3810 Murrell Road #340 
            Rockledge, Florida 32955 
            Tel: (321) 422-2882 
            Terrence@TerrenceOSullivanLaw.com  
    
 
/s/ Zachary A. Keller_______                       
 
ZACHARY A. KELLER 
 
Assistant United States Attorney 
 
U.S. Attorney’s Office – SDFL 
 
Court ID No. A5502767 
 
99 NE 4th Street, 6th Floor 
 
Miami, Florida 33132 
 
Tel: (305) 961-9196  
 
Email: zachary.keller@usdoj.gov 
 
 
 
CERTIFICATE OF SERVICE 
 
I HEREBY CERTIFY that on February 27, 2025, I electronically filed the foregoing 
document with the Clerk of the Court using CM/ECF.  
 
/s/ Zachary A. Keller  
ZACHARY A. KELLER 
Assistant United States Attorney 
Case 9:24-cr-80103-AMC   Document 70   Entered on FLSD Docket 02/27/2025   Page 2 of 2

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