The arraignment for Carl Maggio III, charged in the boating accident that killed an 11-year-old boy in June near Lodi Lake, was postponed until Dec. 20 at his attorney's request.
Maggio, 19, of Woodbridge, has been charged with misdemeanor vehicular manslaughter with a vessel without gross negligence, a penal code violation, and with reckless operation of a watercraft that endangered life, limb and property, a violation of the Harbor and Navigation Code, according to court records.
Maggio, who was 18 at the time of the incident, was allegedly the driver of a power boat that struck a canoe and killed Tommy Farnsworth, 11, of Manteca and critically injured his father, Thomas Farnsworth, 44, of Lodi.
The maximum possible penalty for the manslaughter charge is one year in county jail and a $10,000 fine, said Tom Ziegler, a San Joaquin County deputy district attorney who is prosecuting the case.
Assistant District Attorney Jim Willett determined in his investigation that Maggio didn't warrant felony charges because he didn't show "wanton disregard" when the accident took place, Ziegler said.
"If you speed down Kettleman at 110 mph and kill somebody, that would be wanton disregard," he said.
Instead, Ziegler described the crash as "an unfortunate accident."
Maggio was neatly groomed and wearing a dark suit when his name was called Thursday morning in San Joaquin County Superior Court in Lodi.
John Viss, an attorney substituting in court Thursday for Maggio's attorney, Max Freeman, asked Judge David Warner to postpone the arraignment because Freeman had not acquired a necessary report on the case. Viss said he wasn't sure what report Freeman wanted.
Ziegler said neither Viss nor Freeman requested any information from him.
Freeman was unavailable for comment Thursday. A secretary said there was no one else in Freeman's Stockton law firm that could speak about the case.
The Maggio family has continually declined to comment on the case.
Thomas Farnsworth got out of his sick bed Thursday to attend the arraignment, but was unavailable for comment later in the day due to his illness, which has lasted several days, said his mother, Angela Farnsworth of Lodi.
Thomas Farnsworth spent more than a month at University of California, Davis, Medical Center in Sacramento after suffering serious head injuries, two broken ribs, broken bones in his foot and torn knee ligaments, Angela Farnsworth said.
"They wanted to put him in a convalescent home," she said, but the family wanted to bring him home.
Farnsworth walks with a cane due to injuries sustained from the accident, Angela Farnsworth said.
He also had to take a new driver's test, which is routine for people who have suffered head injuries, she said.
"He was thrown out of the boat on back of his head," she said.
Maggio was allegedly driving an 18-foot motor boat full of teen-agers on June 25 when he crashed into the canoe on the Mokelumne River just north of Lodi Lake, a San Joaquin County sheriff's report says.
Reports say Maggio was looking back at a knee-boarder being towed by the boat he was driving, when he ran over the canoe, which was not moving.
Arraignment and a pretrial conference are scheduled for 9:45 a.m. Dec. 20 in Department 1 at San Joaquin County Superior Court, 230 W. Elm St., Lodi.
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