V1 was traveling down river when the operator stood up to reach for a fishing pole; letting go of the steering wheel.  V1 made an immediate hard right turn ejecting both the operator and passenger/victim out of the vessel.  The operator did not have the kill switch attached.  The operator stated V1 began circling him, so he attempted to swim downstream to a red channel marker but instead finally made it to the south bank of the Arkansas River.  Operator also stated he last observed the passenger/victim swimming on his back towards the north bank.   

V1 was located down river from the incident with the motor still running and throttle level in the full forward position.   

Operator has been charged with: Grossly Negligent Operation, Lanyard Cut-off Switch requirements, Boating Education Requirements, Failure to Register Boat within 30 days. 

The passenger/victim was located the following day (09/04/13) downstream. 

Blood was taken from the operator and submitted for testing and we are also waiting on the autopsy report from the Crime Lab.
 
UPDATE: 1/06/14 - BAC TEST CAME BACK NEGATIVE WITH A 0.00 FOR THE OPERATOR.  THE AUTOPSY REPORT IS STILL PENDING AT THE CRIME LAB.  WE ARE CONFIDENT THE AUTOPSY WILL SHOW DROWNING AS THE CAUSE OF DEATH, NO SUSPICIOUS ACTIVITY IS SUSPECTED.  DUE TO USCG STATISTICAL REPORTING DEADLINES, THIS CASE WILL BE MARKED AS CLOSED AND SUBMITTED.
NORTH LITTLE ROCK