I agree
elfie. This is also how I see this happening. Perhaps the scooter is what took the chandelier down and not Max.
Thank you
Quester for posting the hinky meter report re: handrail height and MS's ability (or not) to go over that railing.
http://www.thehinkymeter.com/2011/09/09/rebecca-zahau-case-how-maxs-accident-didnt-happen/
She effectively established that the handrail height is 32" or thereabouts. She also established that the step height is about 6 1/2". Perfect. Now, study this picture, which she linked to her report:
http://www.sdsheriff.net/coronado/images/ms03.jpg
Notice that the handrail on the second floor is the same height as the newel post. That establishes that the railing BEGINS at a height of 32". As the stairs go down, the handrail has to follow, which is why the handrail dips downward at the transition point behind the newel post by 6 1/2" - the height of the step. So immediately after the newel post on the second floor landing the handrail height is only 25.5" (approximately)
from the second floor landing. The handrail is 32" on the second floor, 32" at the first stair, but only 25.5" from the second floor floor at the transitional dip you see in the handrail just behind the newel post. This is only a factor if you stand on the second floor and lean over the handrail at that
exact point (and yes, it can be done). The Razor scooter would raise him up a few more inches even. I could see the post on the Razor working as a lever and the handrail as the pivot point, with MS's weight causing it to somersault over the railing with him. The scooter only weighs about 7 lbs.
http://www.target.com/p/Razor-Black-Label-Ultra-Pro-Lo-Kick-Scooter/-/A-13539774
So hinky meter established that Max's center of gravity would be at 28". Even without the scooter if he came off the second floor landing at exactly the wrong place, just after the newel post where the railing is only 25.5" in relation to the second floor, and he had any velocity behind him it shouldn't be that hard for him to do what the sheriff's office said. IMO. FWIW, they did talk about this in the briefing and stated that the railing was only 20 some odd inches at that point. I grew up in a house even older than this one and our stairs were similar. I was always conscious of that spot in the railing that wasn't really all that safe. Plus, we have redone the stairwell in our house and the discussion about handrails was eyeopening to me because of all the work we would have to do to work around the stair height. All of this is an attempt to say that the handrail is not 32" all the way down the stairwell. If he was against the railing on the second floor this couldn't have happened, if he were standing flat on the first stair facing the railing it couldn't have happened. He had to come off the second floor landing at an oblique angle to the stairs and gone over at that exact point with some velocity. IMO. Much like the descriptions.
Also if Ocean was what caused him to trip and fall he may have yelled the dog's name as he struck him and just before he went over the railing, and that could have been what Rebecca heard.