Details of investigation/incident:  on 12-29-11 at approximately 2:39 p.m. a boat had capsized on clear lake west of 280 lake drive and there was a subject in the water.  The subject was able to swim to shore and was taken to cameron hospital by steuben county ems and was treated for hypothermia.
     i spoke with witness at the scene and he stated he was watching fishermen from his cottage on the north shore of clear lake when he observed a canoe capsize.  He stated he called 911 and then went over to the scene where he helped the fisherman out of the water.  He stated that from his cottage he thought there were two people in the canoe.  He stated that when he helped the fisherman out of the water that he was told by the fisherman that he was the only one in the boat.  Witness stated he never did see a second person in the water and he must have thought that some of the gear in the canoe was another person.  He stated he thought the canoe was about 150 yards away from shore and fremont fire department took a gps reading of 16t0679723  utm462 3860 of where witness thought the canoe was at.
     i spoke with victim’s father-in-law, at the scene who stated that operator was the only person in the boat.  He took possession of all of operator's belongings that were at the scene.
     i spoke with operator and he stated he was pike fishing in his canoe.  He stated he was anchored off the break approximately 400 yards from shore.  Operator stated he leaned for some fishing tackle and the canoe started tipping from side to side while he tried to regain the balance.  As the canoe was tipping back and forth it started taking on water and it was about ¼ full.  He stated he jumped out of it as it was tipping.  He then tried to get back in the canoe and it kept filling with water, thus swamping the canoe.  The canoe then sank.  The wind was strong but operator stated he was able to grab a seat cushion and a life jacket before they floated away.  He then swam to shore with them.  Operator stated there was no failure of equipment and no involvement of alcohol and/or drugs.  The pfds in his boat were one life jacket and one seat cushion.
     i took operator's drivers license at the scene and returned it to him and his wife at the hospital.
     other units at the scene were steuben county sheriff's department, fremont police department, fremont fire department, and steuben county ems.

Fremont                       