Could you please state your name and current occupation for the record?

My name is Reggie Rodgers, and I’m currently a Master Scuba Diver and Master instructor for Neptune Underwater Expeditions.

Could you please detail to the court your experience as a scuba diver?

I’ve been diving my entire life. I initially worked for the government until Neptune hired me. I’ve been diving for 18 years and have seen basically every diving scenario, and I currently hold the highest certification possible in scuba diving.

Mr. Rodgers, what do you do at Neptune?

I am what is called a “diver leader.” As a dive leader, I supervise the other Neptune employees to ensure they are doing their jobs correctly. I am the first person in the water during a dive, and I am in charge of what happens in the water. Sometimes that means I have to use my experience to make judgment calls during a dive.

Mr. Rodgers, how much money do you make?

Neptune currently pays me $105,000, which is a higher salary than any other dive leader in the industry. I also have a 5% ownership stake in Neptune. If I felt Neptune had acted inappropriately, these things would not stop me from saying so.

Now Mr. Rodgers, can you please tell the court what the Hepburn Expedition is?

The Hepburn expedition is a three-day expedition of The Hepburn, a shipwreck here in Midlands. It’s a great trip for experienced, honest divers, and before the July 2012 expedition I’d led more than a dozen Hepburn Expeditions.

Let’s discuss the July 2012 expedition. What was your role on that trip?

I was the dive leader. Neptune’s owner, Hayden Hathaway, was on the trip; he does come along occasionally, but he made it clear that I was in charge. Like I said before, the dive leader has to made judgment calls sometimes, and that was my job.

Mr. Rodgers, what exactly was the itinerary for the Hepburn Expedition?

 The first three full days of the trip featured five dives ranging from 70-120 feet. You could call them warm-up dives; they’re part of our safety procedures to make sure our divers are competent to dive to the Hepburn wreck.

Did you notice anything unusual during those first dives?

I did, yes. Lee Allen, one of our ten divers, was struggling at points. Lee was struggling to keep up with the group and appeared to be suffering from mild nitrogen narcosis on the 120-foot dive on July 6^th.

Did you consider not allowing Lee to dive to the Hepburn?

Yes, I did. I was concerned, and even expressed those concerns to Hayden Hathaway. It’s important to remember, though, that divers who come on the Hepburn Expedition are supposed to have previous wreck experience.

Was Hathaway concerned with letting Lee dive?

Yes, he was, but he’s the owner of Neptune – he was also concerned with making sure we keep promises with our customers. Once people come on the Hepburn dive, they’ve told us they have enough experience to dive, so we don’t typically tell them they can’t dive at that point. (The ugly quotes from Hathaway will likely come out on cross, even with a hearsay objection. We’ll clean it up on re-direct).

Did you make a decision about Lee at that point?

No, we didn’t.

What happened on the morning of July 7^th?

Andy Allen came to us and reported feeling sick from a head cold. Unfortunately, that meant she cannot dive – you absolutely can’t dive while sick. This complicated our decision because Andy Allen’s dive partner was Lee Allen.

What exactly is a dive partner?

It is generally accepted by the scuba diving community that a diver should always have a partner – it’s called the buddy system.

Why then, was Lee Allen allowed to dive on July 7^th?

When Hathaway found out Andy couldn’t dive, he felt that Lee shouldn’t dive either. I explained to him that I had acted as a dive partner for customers in the past, and it had been fine. Hathaway was reluctant, but he agreed. Like I said before, sometimes I make judgment calls based on my experience.

Was there any other reason that Lee was allowed to dive?

It’s important to understand that the buddy system is not flawless. When you get below 130 feet, having a buddy is more likely to be a hindrance than a help. I know I’m in the minority on this position, but my experience has shown that the buddy system offers no particular benefits at depths like the Hepburn.

How then did the dive proceed?

Casey French and I switched places, so that French acted as dive leader and swim at the front. I was acting as dive master and would swim at the back, in addition to being Lee’s partner.

What happened as the dive begun?

We entered the water at 10 AM; it was a beautiful day. We began to descend and reached the Hepburn wreck at 10:06 AM. The plan was to swim across the exposed back deck and eventually enter the third deck of the wreck.

Were there any plans to swim below the third deck that day?

No. Lee Allen had asked twice: once actually that morning, if we could explore the sleeping compartments on the second deck on July 7^th. I told him no both times, but he didn’t appear to be happy about my decision.

How did the dive proceed after you descended?

Once we began to enter the Hepburn at about 10:09, I did notice Lee struggling as he had on earlier dives. He did appear to be experiencing some nitrogen narcosis, but everyone does at 170 feet. He was still smiling and acting very excited, and gave me no indication that he needed to surface.

What happened at that point?

At 10:13 AM, a strong current knocked Frankie Fernandez into a wall and caused him to get tangled in some wires. The only divers who had not entered the deck were myself, Lee, Frankie, and Frankie’s partner Kait.

How did you handle that situation?

Obviously, Frankie needed to be untangled. However, I was aware that Lee was a heavy breather underwater and it wasn’t safe for him to wait while I got Frankie free. I couldn’t send Kait and Lee off together, as they have no experience as partners and are both recreational divers. I made a judgment call.

What did you decide to do?

I wrote “GO AHEAD” on my dive slate, large and in clear letters.

Mr. Rodgers, can you identify this document?

This is an image of the dive slate I used that day.

Can you explain to the court the instructions you were giving Lee Allen?

I had made it clear to Lee before the dive that we were not going to the second deck, so I wanted him to catch up with the group. I indicated to him to GO AHEAD and rejoin the group, who would be waiting for all divers to exit before ascending.

Did Lee respond when you showed him the slate?

Yes, he nodded and swam in the direction of the group.

Mr. Rodgers, what happened at that point?

The current made it difficult to free Frankie, but I got him/her untangled at 10:18 AM. We hurried toward the anchor line, but I did notice the rope lines leading out of the ship and down to the second deck were fully intact and could be differentiated from each other, even with the currents.

What happened after that?

We rejoined the group at 10:20; they were right outside the Hepburn. Lee was not with them, so I re-entered the wreck to find him/her.

Did you find Lee?

Yes, I found Lee on the second deck outside the sleeping compartments at 10:25. I was furious that Lee had chosen to go to the second deck. When I reached Lee, I discovered he was lethargic and clearly experiencing nitrogen narcosis. I dragged him out of the wreck to the anchor line.

Mr. Rodgers, once you exited the wreck, what did you do next?

I quickly discovered that Lee was extremely low on oxygen; he only had 100 liter-bars remaining, and for some reason, did not have a back-up cylinder. (It’s ironic, actually – the narcosis he experienced on the second deck relaxed him enough that he wasn’t completely out of oxygen).

Did you attempt to get him to the surface?

I first tried to give him my backup cylinder, but it was nearly impossible to communicate because it was so dark. Lee started to panic when I tried to give him my cylinder, and he pulled his diving knife out and swung it at me. I dropped the cylinder avoiding his knife.

Mr. Rodgers, what did you choose to do at this point?

I chose to let Lee go. He had only 75 liter-bars remaining, and there was no way to rush him to the surface. I left him at 10:30 and was aware that he would die. I had to rush my ascent, but was able to control my breathing and surface at 11:15.

What was the weather like when you surfaced?

It was bad. The storm that was scheduled to arrive much later that day had accelerated and hit while we were underwater. My weather check at 10 PM the night before had no indication the storm would arrive before 2 PM, and checking the weather the night before is standard procedure.

Did Lee Allen ever indicate to you that he was struggling during any dives you observed?

He didn’t. Like I stated earlier, I knew he wasn’t as good of a diver as the others, and we discussed having him not dive, but we made a judgment call based on the information we were given.