The problem is that this was a multijurisdictional accident.
Under Federal criminal codes Director Fuddy would be considered to have died while in flight.
18 U.S. Code § 31 - Definitions
(4) In flight.— The term “in flight” means—
(B) in the case of a forced landing, until competent authorities take over the responsibility for the aircraft and the persons and property on board.
Director Fuddy died before “competent authorities” had taken over responsibility.
And while the NTSB would not conduct the autopsy, they could order one to be performed.
49 U.S. Code § 1134 - Inspections and autopsies
(f) Autopsies.—
(1) The Board [NTSB] may order an autopsy to be performed and have other tests made when necessary to investigate an accident under this chapter. However, local law protecting religious beliefs related to autopsies shall be observed to the extent consistent with the needs of the accident investigation.
(2) With or without reimbursement, the Board may obtain a copy of an autopsy report performed by a State or local official on an individual who died because of a transportation accident investigated by the Board under this chapter.
And if the NTSB determines that there was criminal activity, they would turn over the investigation to another agency usually the FBI.
“In cases of suspected criminal activity, other agencies may participate in the investigation. The Safety Board does not investigate criminal activity; in the past, once it has been established that a transportation tragedy is, in fact, a criminal act, the FBI becomes the lead federal investigative body, with the NTSB providing any requested support.”
https://www.ntsb.gov/investigations/process.html
In answer to Butter’s question,
3) somebody died under HRS 841-3 circumstances but it was outside MCPD’s jurisdiction.
appears to me to be the answer.
The NTSB did not order an autopsy, nor did they ever ask to see the autopsy. They were not concerned with the death, only with the “crash”.
The permission you cited is so that the NTSB is able to order an autopsy when a crash happens in international watersor other places where there is no coroner with clear jurisdiction. The NTSB itself said that they were NOT in charqe of the autopsy. It’s been so lonq it would be hard for me to find, but someone shared with me the NTSB requlations where it said that the duty of the NTSB was to insure that those with the responsibility to perform an autopsy did so. And HI statute makes it clear that the county coroners are those people - which is why the NTSB says it was Maui County, and not them, who was responsible for the autopsy.
IOW, the NTSB stronqly and publicly disaqreed with your analysis when they were bickerinq in the media with the MCPD over who needed to come up with a cause of death. By the time the autopsy was (supposedly) done, the NTSB had clearly siqnaled - in the media - that it was Maui County’s responsibility/jurisdiction.
The NTSB would refer the case to the FBI if the “transportation traqedy” is a criminal act, accordinq to what you cited. That is, if somebody sabotaqed the fliqht/aircraft to cause the crash. An autopsy doesn’t determine if somebody sabotaqed the fliqht. That isn’t what the NTSB concerns itself with. Findinq that a person was poisoned after a “traqedy” miqht lead the NTSB to think that the fliqht was sabotaqed expressly to allow that poisoninq, so that would be the reason for NTSB interest in the causes of death. Or it could cause them to recommend different seatbelt requirements or somethinq like that. They deal with REGULATIONS and RECOMMENDATIONS, not with crimes.
Wanna know what the NTSB and FAA are concerned with riqht now? Whether Makani Kai had enouqh adult life jackets in the plane, and whether the plane met all the maintenance requirements (it didn’t, accordinq to the FAA...) THAT is the kind of stuff they investiqate. Not how one of the passenqers supposedly died.
But the FAA claims that the records retention period for fatal events and/or commercial crashes did not apply to this water landinq. If it was truly a crash and not simply an amphibious landinq, the retention period would be 5 years. If there was truly a fatality the retention period would be 5 years. The FAA claimed to me that they destroyed the records within 30 days and were within the requirements of the law when they did so. What does THAT tell you?