Doctor who severed diver's legs sentenced to probation

STUART, Fla. - An emergency room doctor has been sentenced to six months probation.

A Martin County judge found Dr. Roger Nicosia guilty of violating navigation laws.

In January 2009, Nicosia struck Rob Murphy with his boat, while Murphy was diving.

Both of Murphy's legs had to be amputated.

When the verdict was read tears were shed by Murphy and his family at the Martin County Courthouse.

Murphy said, "I feel very relieved. I trust that the prosecution and the court did everything they possibly could to do the right thing today.”

During his testimony Wednesday morning, Dr. Nicosia, a Martin Memorial emergency room doctor said, "After the impact I looked back in the wake and saw nothing. First I thought I hit a turtle, except they had a dive flag, but I didn't see any divers."

During testimony, Nicosia said he didn't see a divers flag off Murphy's boat until it was too late.

After the collision, he said he tried to approach Murphy's boat, but then drove his boat to shore.

Nicosia's defense attorney, Robert Watson, said Nicosia would have helped if he could.

Watson said, "It would have been dangerous to transport the diver from their boat to his boat. He was by no means invited on to their boat."

But the judge decided Nicosia didn't drive through the diving area safely.

For Murphy, this is another part of his road to recovery.

"Through numerous surgeries, through constant pain, through mental and physical pain. Through the loss of my income, my job through everything I've held dear in my life. Thankfully through the amazing people in my life we've been able to hold it together," said Murphy.

Murphy has also filed a civil lawsuit against Nicosia.

That trial is expected to being next spring.