On the night of July 3, 2011 State Game Wardens were patrolling Eagle Mountain Lake.  At approximately 10:45 pm, we responded to a 911 call from the Azle Police Department concerning a two vessel collision.  We arrived on scene shortly before 11:00 pm to find two vessels drifting in open water.  Both vessels were displaying navigational lights.  We approached vessel one to find one occupant in the vessel,  bleeding from the facial area.  We quickly checked with victim to make sure he did not have any life threatening injuries.  Heavy damage was noticed on the starboard side of vessel one with two large holes in the side of the vessel.  We then moved to vessel two to find five passengers.  These passengers did not seem to have any injuries.  No visible damage was initially seen on vessel two.  Warden boarded vessel two in order to take statements and to further investigate the accident from their point of view, to find out who the operator was and to check for any intoxication.

At that time I returned to vessel one to check on victim.  I began to ask him what happened.  I noticed that he seemed confused and was slurring his speech.  victim told me that he did not see the other boat and that he hit them.  At that time I asked victim to put on a life jacket and to board my boat in fear that vessel one might sink.  victim could not locate a PFD.  At that time I had victim board my vessel and I provided him with a PFD and told him to put it on.  victim only seemed to be concerned about a seat cushion from his vessel which was floating in the water.  While near victim, I noticed a strong smell of an alcoholic beverage coming from his breath.  I asked victim if he had consumed any alcohol and he told me that he had two beers.  At that time medical personnel was notified to meet us at Lake Country Marina, due to the fact that victim was bleeding from the chin area and to have everyone else checked out.

At that time, I made contact with vessel two and Warden who advised me that he did not suspect any issues with alcohol and that the passengers of vessel two appeared to be okay.  The operator of vessel two was instructed to follow us to Lake Country Marina.  The passengers aboard vessel two were also advised to put on their PFDs.  Warden reboarded the patrol vessel and we connected a tow line to vessel one in order to bring it to the marina for further investigation. 

When we arrived at Lake Country Marina, all people involved in the collision were checked out by medical personnel.  When victim was cleared by medical personnel, Standardized Field Sobriety Tests were administered.  victim was ultimately arrested for Boating While Intoxicated.  After refusing to provide a sample of blood, a search warrant was obtained to allow the taking of victim's blood.  (Refer to TPWD case # A967362).  Myself and Lt.  with TPWD transported victim.  Wardens stayed on scene to take statements, photographed the vessels and had vessel one towed to a secure location.

The passengers and the operator of vessel two provided written statements that were consistent with their initial on scene statements. These statements indicated that vessel two was traveling at a slow speed when vessel one was noticed approaching in their direction at a higher rate of speed.  The statements indicated that the operator of vessel two attempted to avoid the collision by turning and putting his vessel into reverse.  One witness stated that she noticed loud music coming from vessel one.  One witness stated that he saw the operator of vessel one slumped over the wheel or side of the vessel before impact.  Several of the witnesses also stated that vessel one was traveling at a high rate of speed.

Through statements and after the course of the BWI investigation and accident investigation, the operator of vessel one 
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