Private river runner charged with 8 counts

[azbackpackr]

River runner Doc Thomas, known to some of you no doubt, has been charged in US District Court on 8 criminal counts, all stemming from incidents which occurred on a private rafting trip this past April in the Grand Canyon. Things were so bad that the crew apparently mutinied and went off without him after several days even though most of them had just learned how to row!

Below are the 8 counts. Hopefully I can get the rest of the pages later on, which explain things a lot more. This is a public document now, although during its investigation the Park kept everything under a tight lid:

Case 3:10-mj-04201-MEA Document 1 Filed 08/09/10
United States District Co
----- DISTRlCT OF ARIZONA
CRIMINAL COMPLAINT

UNITED STATES OF AMERlCA
V.
Morton S. THOMAS III
Aka "Doc Thomas"

CASE NUMBER:
10- 04201 -001M-PCT-MEA
I, Michael McGinnis, the undersigned complainant, being duly sworn, state the following is true
and correct to the best of my knowledge and belief.
Count 1
On or about the early morning hours of April 20,20 I 0, in Glen Canyon National Recreation
Area, in the District of Arizona, Morton S. THOMAS III did recklessly create a risk of public alarm
or nuisance by making unreasonable noise when THOMAS yelled loudly enough to wake up a
camper Ellen Blackmore at dawn at the river campsite at Lees Ferry in violation of 36 C.F.R.
Section 2.34 (a) (3).
Count 2
On or about April 22, 2010, in Grand Canyon National Park, in the District of Arizona,
Morton S. THOMAS III did recklessly create a risk of public alann or nuisance by engaging in a
display that was obscene when THOMAS was naked from the waist down, exposing his genitalia
to participants of his river trip, while rafting on the Colorado River within Grand Canyon
National Park in violation of 36 C.F.R. Section 2.34 (a)(2).
Count 3
On or about April 22, 2010, in Grand Canyon National Park, in the District of Arizona,
MOl10n S. THOMAS III operated a vessel and knowingly allowed another person to operate a
vessel in a grossly negligent manner, by willfully and wantonly creating an unreasonable risk of
harm to Theresa Parker, Margo Young and Ronald E. Parker when THOMAS, acting in the
capacity of Trip Leader, leaving Theresa Parker to operate his raft unsupervised with passengers
Ronald E. Parker and Margo Young in violation of36 C.F.R. Section 3.8 (b)(9).
Case 3:10-mj-04201-MEA Document 1 Filed 08/09/10 Page 2 of 48
Count 4
On or about April 24, in Grand Canyon National Park, in the District of Arizona, Morton
S. THOMAS III violated the terms and conditions of a Special Use Permit for a noncommercial
river trip issued by Grand Canyon National Park when THOMAS, acting in the capacity of Trip
Leader for a noncommercial oars river trip on the Colorado River in Grand Canyon National
Park, possessed or used motors on a raft in violation of 36 C.F.R. Sections 1.6 (g)(2) and
7.4(b)(3).
CountS
On or about April 27, 2010, in Grand Canyon National Park, in the District of Arizona,
Morton S. THOMAS III operated a vessel and knowingly allowed another person to operate a
vessel in a grossly negligent manner, by willfully and wantonly creating an unreasonable risk of
harm to the participants of his river trip party when THOMAS led his river trip party through
Hance Rapid without first scouting the rapid and planning a safe navigation route in violation of
36 C.F.R. Section 3.8 (b)(9).
Count 6
On or about April 30,2010, in Grand Canyon National Park, in the District of Arizona,
Morton S. THOMAS III did recklessly create a risk public alarm or nuisance by using language
that was obscene when THOMAS yelled obscenities at Theresa Parker at the river campsite at
Monument Creek in violation of 36 C.F.R. Section 2.34 (a) (2).
Count7
On or about April 20,20 I0 continuing through April 30, 20 I 0, in Grand Canyon National
Park, in the District of Arizona, Morton S. THOMAS m conducted and led a commercial river
trip without first securing and possessing a permit authorizing the conduct of a commercial or
business activity in the park in violation of36 C.F.R. Section 7.4 (b) (3) (ii).
Count 8
On or about June 7, 2010, in Grand Canyon National Park, in the District of Arizona,
Morton S. THOMAS III knowingly gave a false report for the purpose of misleading a
government employee or agent in the conduct of official duties when THOMAS submitted by
mail to Superintendent Steve Martin of Grand Canyon National Park, a falsified financial
contract between himself and Ronald E. Parker, with a forgery of Ronald E. Parker's signature,
and ask~d Sup~rint~nd~nt Martin to help THOMAS recover money from Ronald E. Parker in
violation of 36 C.F.R. 2.32 Section (a) (4).
Case 3:10-mj-04201-MEA Document 1 Filed 08/09/10 Page 3 of 48
I further state that I am a National Park Service Ranger and that this complaint is based on the following
facts:
See attached AFFIDAVIT IN SUPPORT OF CRlMINAL COMPLAINT (Statement of Probable Cause).
AUTHORIZED BY: AUSA Camille Bibles~
Continued on the attached sheet and made a part hereof: X Yes No
Michael McGinnis-Grand Canyon River District Ranger ~. M g~ Name & Title of Complainant Signature of Complainant
Sworn to before me and subscribed in my presence,
at Flagstaff. Arizona
City and State
Mark E. Aspey. United States Magistrate Judge
Name & Title of Judicial Officer

[Al_HikesAZ]

Remember - INNOCENT until proven guilty beyond a reasonable doubt by a jury of his peers. i'm not defending or condemning Doc, but I hate to have too much speculation - especially since we don't know the facts and circumstances. Until then - I'll leave it to a jury.

I'm not sure we need this topic. But I'll leave that to Joe to decide.

[azbackpackr]

I already asked Joe beforehand. If he changes his mind, ok by me.

[chumley]

I'm not sure we need this topic.

I'm not sure we need any topic. But I don't think discussing it according to the rules of the forum should pose a problem either.

[azbackpackr]

I have run across several hiking pals who are sticking up for this guy. I had a bad experience with him once on the internet, when trying to fill a permit for the GC he emailed me to ask how many single women were going and wanted details about them. I also know several river runners who no longer will stick up for him because they had very similar experiences to the above 8 counts when on trips with him. They just didn't file any complaints.

[hikeaz]

I have boated with Doc a few times and been to his home in Wickenburg a few times as well. Doc is, shall we say, 'a character'. He's also a river running icon in GC. He is also an accomplished GC backpacker and hiked with Harvey, George and the boys. He has so much experience in rowing the Canyon that he appears to be nonchalant about the big rapids.
Doc was (and as far as I know the only one ever) prosecuted for a solo 'pirate run' (no permit) of the Canyon; that was many moons ago. Most of the folks that were on this trip are non-boaters, so that fact makes we wonder about some of the charges. Nudity is hardly a rare occurance on a river trip, quite the contrary. (watch when frying bacon though, guys ;) ) Yelling is hardly a crime, nor is not scouting a rapid. Whenever there is a group together 24/7 and under some stress there's going to be a blown fuse or two, especially when they'd not boated together before this trip.
IMO Doc is a big-hearted guy, but he is a 'character' and can sometimes be crass or come across as rude, but I've also seen him in action when someone was badly injured and when 'the chips were down' and he shone like a star.
Knowing Doc I'm sure that he's looking forward to 'butting heads' with the feds. BTW - he's both a medical doctor AND an attorney.

[chumley]

Count 1: yelled loudly enough to wake up a camper
BS. Get over it.

Count 2: exposing his genitalia to participants of his river trip, while rafting
Inappropriate. But not necessarily illegal if it had been discussed or agreed upon by trip participants.

Count 3: leaving Theresa Parker to operate his raft unsupervised with passengers
Against the rules and potentially very dangerous. Also potentially no big deal at all. Depends on circumstances.

Count 4: possessed or used motors on a raft
Against rules of special use permit.

Count 5: led his river trip party through Hance Rapid without first scouting the rapid and planning a safe navigation route
Sounds potentially dangerous. I don't know anything about the rapid though.

Count 6: using language that was obscene
Seriously? STFU. :roll: This crap doesn't belong in a lawsuit ever.

Count 7: led a commercial river trip without first securing and possessing a permit
Duh. Idiot.

Count 8: knowingly gave a false report for the purpose of misleading a government employee or agent in the conduct of official duties
Its the cover-up that always gets you!

On its surface, a lot of this seems petty to me. Certainly, not having a use permit or violating the terms of it should result in punishment in the form of fines and/or loss of permit. The yelling and swearing is ridiculous and makes me question the validity of the other charges and the person(s) making them. Lying to investigators however, is always a bad idea and could be the most troubling thing legally.

(Oh, and I've never heard of the guy, and have no previous opinion based on any personal experiences.)

[hikeaz]

The 'permit' thing (#7)....
The commercial river concessions (commies) have a hold on the vast majority of the allottment of permits to run the River. Until a couple of years ago there was a 20-year wait to row the River privately. The NPS ( responding to a lawsuit) has gone to a lottery so that after each 'drawing', all the folks that were unsuccessful go away.(This eliminates that pesky issue of trying to justify a skewed allocation system where a private river runner must wait 20 years to go boating but a commie passenger can go tomorrow). The commies have successfully added to the regs that no one on a private trip can 'profit' - it needs to be cost-shared. Here's the crux - even if you bring all the boats, all the gear, the kitchen, the groovers and all, you may not allocate their value in figuring the 'cost-shared' aspect. So, it seems that Doc may have 'profited' by providing gear and expertise in lieu of his 'full share'. To these bureaucrats this makes him a 'guide' or 'company', thus the reason it states 'commercial river trip' in count 7. There is a certain comfort level (and here's the part that the NPS should be concerned with) and a SAFETY LEVEL with having a guy who has rowed the Canyon many times with you on your trip. Problem is, the commies don't want any competition AT ALL, so a non-boater is left with either paying a commie $250-$375 A DAY to take you or this other imperfect system that costs about $45 a day.

[Al_HikesAZ]

Chumley -
HANCE RAPID
Hance is a tough rapid with a lot of vertical drop. The Grand Canyon rapids are on a 1-10 scale, not the usual whitewater scale. All references to River Miles start from River Mile 0 - the put-in at Lee's Ferry.

http://en.wikipedia.org/wiki/List_of_Co ... d_features
Mile 76.6 - Hance Rapid (7-8) - Multiple large rocks constrict the channel and form powerful hydraulics.

You see it from Tanner Trail as you look west. For reference, the Kaibab Bridge and Phantom Ranch Beach is at RM 87.5.

http://www.gcrg.org/bqr/15-1/rapids.html
Because it drops thirty feet, the largest single drop in Grand Canyon, and because of the numerous large boulders that the river churns through, most early explorers lined or portaged Hance. The Kolb brothers were no exception; they began to portage and line the rapid on October 15, 1911.
The next morning, Ellsworth ran the lower left part of Hance Rapid, part in and out of his boat. Those who don’t learn from history are bound to repeat it, and since that left side hasn’t changed in a century, beware the rumble run that Ellsworth pioneered.
Bob Webb

THE SCUTTLEBUTT
A guy claiming that he was running sweep with Doc's group on this rapid has published some comments on the Grand Canyon Private Boaters Association Yahoo Group. According to him, he didn't see it clearly but Doc on lead apparently got caught in an eddy, the next two rafts bumped into Doc and knocked him loose. They all made it ok. The 4th boat read it and ran it successfully. The sweep boatman read it and ran it successfully. He reports that a commercial group that was scouting it saw it and described it to him as ugly. My reaction is that it doesn't appear that any rafts swamped and it doesn't appear that anyone went swimming.

I agree that Count 8 is the most troubling to me.
Count 7 is tough - even on private groups people contribute to the costs. I'm not sure what made this a commercial trip. Kurt's description is excellent.
On Count 6, I hope the ACLU comes to Doc's defense. That would probably tick him off as much as the Feds case.

[azbackpackr]

I heard more about the shouting obsenities and nudity issues from a friend, and it sounded as though it was a lot more than ordinary. However, I am not going to repeat what I actually heard about the trip. People are starting to post a few details on GCPBA, you can read those there as they come up. I might also be able to get the rest of the court documents. Will post them if I get them.

As I said before, I did ask Joe if he thought it would be ok for me post this. If he thinks it is over the top, it is ok by me if he deletes it all.

[Jeffshadows]

Count 1: yelled loudly enough to wake up a camper
BS. Get over it.

Count 2: exposing his genitalia to participants of his river trip, while rafting
Inappropriate. But not necessarily illegal if it had been discussed or agreed upon by trip participants.

Count 3: leaving Theresa Parker to operate his raft unsupervised with passengers
Against the rules and potentially very dangerous. Also potentially no big deal at all. Depends on circumstances.

Count 4: possessed or used motors on a raft
Against rules of special use permit.

Count 5: led his river trip party through Hance Rapid without first scouting the rapid and planning a safe navigation route
Sounds potentially dangerous. I don't know anything about the rapid though.

Count 6: using language that was obscene
Seriously? STFU. :roll: This crap doesn't belong in a lawsuit ever.

Count 7: led a commercial river trip without first securing and possessing a permit
Duh. Idiot.

Count 8: knowingly gave a false report for the purpose of misleading a government employee or agent in the conduct of official duties
Its the cover-up that always gets you!

On its surface, a lot of this seems petty to me. Certainly, not having a use permit or violating the terms of it should result in punishment in the form of fines and/or loss of permit. The yelling and swearing is ridiculous and makes me question the validity of the other charges and the person(s) making them. Lying to investigators however, is always a bad idea and could be the most troubling thing legally.

(Oh, and I've never heard of the guy, and have no previous opinion based on any personal experiences.)

You charge high and negotiate down. Always.

As far as the complaints themselves go, I doubt this is the whole story. I'm willing to bet there is a great deal more that went on that lends impetus to someone registering just these eight complaints.I'd best not say more because I heard about this last week from biased NPS personnel. Does any objective party out there know or care to share?

[Jeffshadows]

As I said before, I did ask Joe if he thought it would be ok for me post this. If he thinks it is over the top, it is ok by me if he deletes it all.

This is fair discussion fodder. It's in the public realm and relevant to many of us...

[azbackpackr]

I have heard a LOT about this trip--none of it good. But I am not going to say any more. Go to GCPBA yahoo group and read about it there, as I said before.

[hikeaz]

Hance has a pretty good drop and, for GC, is a long rapid. What tightens most folks' sphincters @ Hance is all the rocks and lack of an apparent 'line' through the rapid. It's also tough to define your entry point at the top as there is no clear reference point, leading quite a few folks down a line they were trying to avoid. There is only one (very small) secion of still water in the rapid, and you really gotta try to pull into it; likely Doc was merely hung up on a rock. It is a common practice, when all other conditions seem favorable, to 'bump' your raft into someone's who is stuck on a rock in order to free them.