The following information was compiled from statements taken from three people:  On the afternoon of July 4th, victim and Subject left Subject’s and proceeded to the  Top Water Grill, where they were joined by Operator and his wife at approximately 2:00 pm.  This was the first time operator and wife had met Victim.  According to Subject and Operator, the group had lunch and a few alcoholic beverages.     
From the Top Water Grill restaurant all four preceded to Subject’s residence where they spent a short period socializing and according to Operator, having another alcoholic beverage.  Operator stated that Victim brought up the issue that he (Victim) owned a boat and that Victim asked Operator if he would like to go for a boat ride.  Victim and Operator proceeded to Victim’s residence.  From there, they departed from Victim’s residence in Victim’s boat, a 1998 22ft Glacier Bay, Texas registration number, TX 1602 BR.  According to Operator, the two travelled by boat from Victim’s residence,  to a second restaurant, Latitudes.  Operator stated that they had another alcoholic beverage at the restaurant, Latitudes.  
From there, the two were on their way back to Victim’s residence (traveling south from Kemah) when,  Victim slowed the vessel to an idle speed to urinate.   Victim stepped to the rear of the vessel, at which time Operator (standing at the controls of the vessel) looked away or towards the bow of the vessel.  When Operator turned around and looked back towards the stern of the vessel, Victim was gone.  Operator stated that he did not hear a splash nor did he see Victim in the water.  In an effort to determine whether Victim was committing a prank or some form of a joke, Operator contacted Subject by cell phone.  Subject advised Operator that this was no joke, at which time Operator called 911.  

The Galveston County Sheriff’s office received a 911 call from the cell phone of Operator  at 6:18 p.m. and the Coast Guard was notified by the Sheriff’s office at 6:22 p.m.  Operator  continued to look for Victim until Subject (with the assistance from a neighbor) arrived at the location of the incident in Neighbor’s vessel.  According to Neighbor, the location where they searched for Victim was the bay waters north of Eagle Point, adjacent to 12th-14th St, ¼ mile off the shoreline.  The Galveston County Sheriff’s marine division, U.S. Coast Guard and TPWD Game Wardens responded to the location and initiated a search for Victim.  Victim’s vessel, Operator and Subject were escorted to Eagle Point Marine, San Leon where they were both questioned about the incident.  According to Petty Officer  USCG, Victim’s body was located at approximately 7:39 p.m., at GPS coordinates N 29 30.302 / W 094 54.379, Galveston Bay Chambers County.  From that location, the USCG transported Victim’s body to the Eagle Point Marina, San Leon, where medical personnel continued administering CPR.  At approximately 7:59 p.m., Victim was pronounced deceased.  
The standard field sobriety tests were administered to Operator, at which time Operator displayed signs of intoxication.  Operator was transported to Mainland Center Hospital where a sample of his blood was secured for toxicology testing.  
An inventory of the vessel, TX 1602 BR was secured and detailed photographs taken.  No alcoholic containers were discovered nor were there any signs of blood found.  According to Operator, Subject and Neighbor, no items were removed from the vessel prior to the inspection conducted by the Game Wardens.
San Leon                      