Death of Tina Watson

Death of Tina Watson
Tina Watson
Born Christina Mae Thomas
13 February 1977(1977-02-13)
Landstuhl, Rhineland-Palatinate, West Germany
Died 22 October 2003(2003-10-22) (aged 26)
Great Barrier Reef
Townsville, Queensland
Australia
Cause of death Drowning
Resting place Southern Heritage Cemetery, Pelham, Alabama, United States
Residence Helena, Alabama, United States
Nationality American
Education Communication studies
Alma mater University of Alabama at Birmingham
Occupation Public relations, model
Employer Parisian
Known for Homicide victim
Height 5 feet 5 inches (1.65 m)
Weight 133 lb (60 kg)
Religion Southern Baptist
Spouse David Gabriel "Gabe" Watson
Parents William "Tommy" Thomas
Cindy Thomas
Relatives Alanda Thomas (sister)
Website
Tina's Story

Christina Mae "Tina" Thomas Watson, a 26-year-old American from Alabama, died while scuba diving on her honeymoon in Queensland, Australia on 22 October 2003. She had been married to Gabe Watson for 11 days. He was subsequently imprisoned for her manslaughter.

Contents

Death of Tina Watson

David Gabriel "Gabe" Watson met Tina Thomas while they were students at the University of Alabama at Birmingham. Tina took beginning diving lessons and earned her certification just before the two were married in October 2003. Watson, a certified rescue diver, had planned a scuba trip in the Great Barrier Reef for their honeymoon.

A buoy marks the site of the SS Yongala

During an excursion on the dive boat Spoilsport to the site of the SS Yongala, a passenger ship that sank in 1911, Tina lost consciousness and sank to the bottom, 100 feet (30 m) below the water's surface within minutes of beginning the dive. Watson claimed the currents were stronger than they expected and that he responded to a signal from her to return to the dive rope where he noted a look of worry on her face before she accidentally knocked his mask loose. When he recovered his sight, she was sinking too quickly for him to retrieve her and he surfaced to get help. He also stated there was nothing in his training as a rescue diver "about how to get somebody" in trouble to the surface.[1] Other divers were nearby at the time, including Dr Stanley Stutz, who saw Watson engaged in an underwater "bear hug" with his wife, after which he headed for the surface while his wife fell to the ocean floor. A fellow diver, Gary Stempler, photographed Watson by chance while taking a picture of his wife that showed Tina in the background. This picture revealed Tina when she was lying on the ocean floor, something that did not come to light until a couple of weeks later when the pictures were developed.[2] Watson climbed aboard the Spoilsport and alerted dive instructor Wade Singleton, who brought Tina to the surface. She was taken aboard the adjacent dive boat Jazz II, where a doctor tried to resuscitate her while Watson remained on the Spoilsport.[3]

Autopsy report

The day following Tina's death, an autopsy was performed by Professor David Williams, consultant forensic pathologist to the Queensland Coroner. Williams found florid evidence of air embolism, but no degenerative disease. He gave the cause of death as drowning.[4]

Investigation

As Tina Watson's death was unexpected, it was investigated by State Coroner's office. A coronial inquiry was held, as is the usual practice in Australia. Gabe Watson gave evidence to the inquest through his lawyers and to the Queensland police.

The incident came under investigation due to the implausible and conflicting statements given by Watson. He declined to return to Australia and did not testify during the inquest. During the inquest, prosecutors submitted evidence that Watson's story contradicted the record of his actions stored by his dive computer. They suggested the possibility that he turned off Tina's air regulator and held her until she was unconscious, then turned the air back on and let her sink before surfacing himself. As evidence, they described painstaking multiple re-enactments of various scenarios conducted by police divers. Tina's father claimed Watson had asked his daughter to increase her life insurance and make him the sole beneficiary shortly before their wedding. The insurance company confirmed Watson had twice emailed questions about its dive insurance policies before the honeymoon and had asked about her insurance shortly after Tina's death. Watson also claimed hundreds of thousands of dollars from a travel insurance policy.[5][6]

Civil action commenced in Alabama

In March 2005, Watson launched legal action in Alabama's Jefferson County Circuit Court to recoup the cost of their trip after the travel insurance company refused a payout. He was seeking $45,000 for the accidental death plus compensation for trip interruption, medical expenses, phone calls, taxi fares, fees for extra credit card statements and unspecified punitive damages for mental and emotional anguish. The action was dismissed in May 2008 at Watson's request on the grounds the Australian investigation into his wife's death caused him "to reasonably apprehend that he risks self-incrimination in this case". His Australian legal team believed "it was not in his best interest" to pursue the damages claim and Watson's US-based lawyer, Bob Austin, added that his client would not be voluntarily "going back to Australia".[7]

Indictment

On 19 June 2008, the Coroner laid the following charge:

That on the 22nd day of October 2003 at the site of the historical shipwreck Yongala forty-eight nautical miles south east from the port of Townsville in the state of Queensland David Gabriel Watson murdered Christina Mae Watson.

It has been falsely reported that the Coroner found "that Watson likely killed his 26-year-old wife by turning off her air supply and holding her in an "underwater bear hug" until she was dead."[8] The Coroner made no such finding.[9]

Trial and sentence in Australia

David Gabriel "Gabe" Watson
Born 5 March 1977 (1977-03-05) (age 34)
Charge(s) Murder
Conviction(s) Manslaughter
Penalty 4.5 years, to be suspended after 1.5 years
Status Released and deported
Occupation Salesman
Spouse Tina Thomas (11 days)
Kim Lewis
Parents David Watson
Glenda Watson

The Queensland state coroner found in 2008 evidence regarded as enough to try Watson for murder. He travelled voluntarily from the United States to Australia in May 2009 to face trial.

At the trial on 5 June 2009, Watson pleaded not guilty to murder and guilty to manslaughter. He was convicted of manslaughter. Crown prosecutor Brendan Campbell pointed out that over time Watson had given police 16 different versions of what had happened to Tina and that none of those versions matched what the only eyewitness had seen. When Tina was brought to the surface her respirator was still in her mouth, the air tank was full and tests indicated no faults with her equipment. The prosecutor described Watson as an experienced diver trained in rescuing panicked divers, who had allowed his wife to sink to the ocean floor without making any serious attempt to retrieve her. He did not inflate her buoyancy vest or remove weights from her belt, and failed in his duty as her dive buddy by not sharing his (alternate) air with her.[3]

The prosecutor said Watson unlawfully killed Tina by failing in duty of care to fulfill his obligations as her "dive buddy" during the scuba dive. He said that when Tina grabbed for his air supply he did not give it to her and then swam away from her as she sank to the bottom of the sea bed. Gabe was sentenced to four and a half years in jail, to be suspended after serving 12 months.

Reaction to the sentence

Tina's family said her husband's one-year jail sentence was an embarrassment to Australia.[10]

The day following the trial, Alabama Attorney-General Troy King vowed to lodge an appeal with the Queensland Supreme Court. King also wrote to the Queensland Attorney-General, Cameron Dick. Fairfax Newspapers reported that the letter was leaked to them and published part of it.[11]

The Queensland Director of Public Prosecutions, Tony Moynihan SC, issued a statement the next business day, which said: “The decision to accept Mr Watson’s plea of guilty to manslaughter was made after a careful and thorough examination of the admissible evidence, and was not taken lightly. Given the complex circumstantial nature of the case, Mr Watson’s admission that he breached his duty to render assistance to his wife ultimately meant there was no reasonable prospect of proving, beyond a reasonable doubt, that he was guilty of murder." [12]

On 18 June 2009, Dick announced the state would appeal against the inadequacy of Watson's sentence.[13]

Appeal

The appeal was heard by the Queensland Court of Appeals on 17 July 2009. The Crown asked the court to increase the prison time Watson must serve to two-and-a-half years. The defence argued that as Watson had made a momentary lapse of judgment, had suffered years of being accused of a crime he did not commit and had voluntarily returned to Australia to co-operate with the court, the penalty imposed by the trial judge was fair and just.[14] The findings on appeal were handed down on 18 September 2009. Two members voted to increase Watson's period of incarceration by six months to a total of 18 months, which was enacted. One justice by minority opinion was in favour of dismissing the appeal.[15]

Trial in United States

Alabama investigation

In May 2010, Alabama Attorney-General Troy King announced he had information not yet made public and wanted to try Watson for capital murder. King has petitioned Australia for the evidence held by police but has been refused access until he gives an undertaking that the death penalty will not be imposed as required under Australian law. This condition has been strongly criticised by King and Don Valeska, chief of the attorney-general's violent crime division, who stated: "If an Australian woman was killed here, we would immediately send the evidence there. We would not presume to tell the Australian authorities how to run their criminal justice system".[16] In response to the announcement, Watson's parents came to the defence of their son, breaking their public silence on the case. Friends and family of Watson questioned whether he had any motive for the murder noting, that his affection for Tina had seemed genuine, there was no life insurance policy naming him as beneficiary and he appeared to be emotionally devastated for an extended time following Tina's death.[17]

In June 2010 King assured the Queensland Attorney-General he would not seek the death penalty if Gabe Watson was tried in the US for the death of his wife.[18]

In August 2010, it was announced Watson would be released in November and likely be deported to the US, where he may be charged with murder. Valeska stated he would also pursue an additional charge of kidnapping by deception.[19] The case will be put before a grand jury in Birmingham, Alabama in October 2010.[20]

Watson was released from prison at 6.30am on 10 November 2010. He was transferred to an immigration detention centre while his deportation was delayed.[21] During this time Australian authorities sought further written assurances from the US Attorney General that he would not face the death penalty in Alabama if convicted of murder. Under international human rights law, Australia could not deport Watson if he faced execution in his home country.[22] On 25 November 2010 Watson was deported to the United States where he was immediately arrested.[23]

Arrest

Prosecutors in Alabama have laid murder charges against Watson at the conclusion of his prison sentence in Australia, as expected, after finding what they claim is evidence he plotted to kill Tina while living in the United States.[24]

Further incidents

Tina Watson is buried in Pelham, Alabama. Her remains were moved in 2007 to a different lot bought by Watson.[25] After being informed by her family that flowers and gifts were repeatedly being vandalized or disappearing from the grave site, even when chained down, a police officer investigated. On hidden surveillance videos, he witnessed Watson removing them with bolt cutters and throwing them in rubbish bins.[26]

On 15 August 2008 Watson married Kim Lewis. Reporters have described her as a "Tina Watson lookalike".[27]

Media coverage

A feature on the death of Tina Watson was broadcast in a 90-minute account that aired on Dateline NBC on 19 May 2008.[28]

An examination of Tina Watson's death and Gabe Watson's subsequent trial and appeal was published by The Age on 17 July 2010. The author was Walkley Award winning investigative journalist, Peter Patrick.[29]

References

  1. ^ Full transcript of Gabe Watson's interview with Townsville Police Townsville Bulletin 23 January 2008
  2. ^ Shears, Richard (22 November 2007). "Diver's dying moments captured by tourist". The Daily Telegraph. http://www.news.com.au/mercury/story/0,22884,22800120-421,00.html. 
  3. ^ a b The Advertiser "By the time Gabe stood trial, prosecutors noted he'd given 16 different versions of what happened" Pg. 42 - 47 September 5, 2010
  4. ^ Toulson, Andy (23 November 2007). "Air tank turned off: court". townsvillebulletin.com.au. http://www.townsvillebulletin.com.au/article/2007/11/23/8453_hpnews.html. Retrieved 2009-07-21. 
  5. ^ Horrific picture of drowned diver captured in underwater tourist snap, but was it murder?
  6. ^ American charged over Barrier Reef diving death Transcript Radio Australia 20 June 2008
  7. ^ Gabe Watson drops action, fearing 'self-incrimination' News Limited 21 May 2008
  8. ^ "US diver accused of killing wife in Qld". thewest.com.au. 24 October 2008. http://www.thewest.com.au/aapstory.aspx?StoryName=524905. Retrieved 2009-07-21. 
  9. ^ "Inquest into the death of Christina Mae Watson". Queensland Courts. 24 April 2008. http://www.courts.qld.gov.au/Watson20080620.pdf. Retrieved 2009-07-22. 
  10. ^ Honeymoon scuba killer's 12-month sentence 'ludicrous' The Age 5 June 2009
  11. ^ Duff, Eamonn; Bachelard, Michael (7 June 2009). "US challenges killer husband wrist-slap". theage.com.au (Melbourne). http://www.theage.com.au/national/us-challenges-killer-husband-wristslap-20090606-bz7r.html. Retrieved 2009-06-09. 
  12. ^ Kellett, Christine (9 June 2009). "We couldn't prove it: DPP". smh.com.au. http://www.smh.com.au/national/we-couldnt-prove-it-dpp-20090609-c1v4.html. Retrieved 2009-06-09. 
  13. ^ "Honeymoon killer: sentence 'inadequate'". smh.com.au. 18 June 2009. http://www.smh.com.au/national/honeymoon-killer-sentence-inadequate-20090618-cij9.html. Retrieved 2009-06-18. 
  14. ^ Oberhardt, Mark (17 July 2009). "Judge too soft in Gabe Watson sentencing, says solicitor-general". news.com.au. http://www.news.com.au/couriermail/story/0,27574,25795543-3102,00.html. Retrieved 2009-07-21. [dead link]
  15. ^ Calligeros, Marissa (18 September 2009). "Jail term extended for honeymoon dive killer". smh.com.au. http://www.smh.com.au/national/jail-term-extended-for-honeymoon-dive-killer-20090918-fu8c.html. Retrieved 2009-09-18. 
  16. ^ Thomas-Ogle, Marienne (9 February 2010). "Australian DA wants no death penalty if charges filed here in honeymoon death". al.com. http://blog.al.com/spotnews/2010/02/post_436.html. Retrieved 11 May 2010. 
  17. ^ Robinson, Carol (9 May 2010). "Gabe Watson's family speaks 7 years after his wife, Tina Watson, drowned on Australian honeymoon". al.com. http://blog.al.com/spotnews/2010/05/gabe_watsons_family_speaks_7_y.html. Retrieved 11 May 2010. 
  18. ^ "US rules out death penalty for honeymoon dive killing". smh.com.au. 30 June 2010. http://www.smh.com.au/national/us-rules-out-death-penalty-for-honeymoon-dive-killing-20100629-zjcg.html. Retrieved 30 June 2010. 
  19. ^ Martin, Lisa (14 August 2010). "Honeymoon killer may face new charge". smh.com.au. http://news.smh.com.au/breaking-news-national/honeymoon-killer-may-face-new-charge-20100814-123or.html. Retrieved 15 August 2010. 
  20. ^ Paul, Nathan (7 October 2010). "Date set in honeymoon dive killer case". dailytelegraph.com.au. http://www.dailytelegraph.com.au/news/world/date-set-in-honeymoon-dive-killer-case/story-e6frev00-1225935506842. Retrieved 7 October 2010. 
  21. ^ "Honeymoon killer Gabe Watson heads to Melbourne". AAP. 11 November 2010. http://www.news.com.au/national/honeymoon-killer-gabe-watson-released-from-jail-in-queensland/story-e6frfkvr-1225951669938. 
  22. ^ Australia in dilemma over deportation of "Honeymoon Killer" to the U.S
  23. ^ Calligeros, Marissa (25 November 2010). "Honeymoon killer Gabe Watson leaves Australia". smh.com.au. http://www.smh.com.au/national/honeymoon-killer-gabe-watson-leaves-australia-20101125-187sg.html. Retrieved 25 November 2010. 
  24. ^ Kellett, Christine (9 June 2009). "Great Barrier Reef honeymoon dive killer 'in US kill plot'". smh.com.au. http://www.smh.com.au/national/great-barrier-reef-honeymoon-dive-killer-in-us-kill-plot-20090609-c1av.html. Retrieved 2009-06-09. 
  25. ^ Ham, Paul (28 September 2008). "Tina Watson: the bride who drowned at the Barrier Reef". timesonline.co.uk (London). http://www.timesonline.co.uk/tol/news/world/asia/article4818156.ece. Retrieved 2 February 2010. 
  26. ^ Caught on film | Townsville Bulletin News
  27. ^ Michael, Peter (21 October 2008). "Suspected dive killer Gabe Watson marries lookalike bride". couriermail.com.au. http://www.couriermail.com.au/news/queensland/dive-death-suspect-remarries/story-e6freoof-1111117815734. Retrieved 23 August 2011. 
  28. ^ Mystery in the deep blue sea - Dateline NBC - Crime reports - msnbc.com
  29. ^ Peter Patrick (17 July 2010). "Death on reef mystery?". Melbourne: theage.com.au. http://www.theage.com.au/national/death-on-reef-mystery-20100716-10eb1.html. Retrieved 2010-07-23. 

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