On Sunday at aprx 1820 hrs Subject 1 was operting her 2004 Lowe watercraft on the Angelina River located in Jasper county.  Subject 1 was puling her step daughter Subject 2 and friend subject 3 behind her boat on a tube.  Subject 1 was traveling up river.  Subject 4 and subject 5 were swimming across the Angelina River.  Neither had a PFD.  Both were swimming from a popular san bar to a rope swing that was located on the opposite bank of the river.  Subject 1 did not see either subject swimming and ran right over the top of subject 4.  Subject 5 was able to escape from the boatt' path withour being hit.  Once Subject 1 realized she had ran over subject 4 she turned around an loaded him onto her boat with the help of several people.
EMS was waiting at teh HWY 63 public boat ramp.  Warden just so happened to be in the area working/patrolling on the Angelina River.  Warden  had just stopped all the subjects involved in the accident aprx 30 minutes before the accident had actually happened.  According to statements taken by several subjects it was raining and coming a thunder storm.  Warden arrived at the boat ramp aprx 15 minutes after the wreck had occurred.  Warden immediately began to help EMS with stabilizing subject 4's body.  Air Rescue arrived shortly and landed in the middle of the Angelina River bridge.  After subject 4 was flown to the hospital, Warden began to gather statements.  
Subject 1 was very upset and seemed to be sorry for what she had done.  Subject 1 explained that she simply did not see neither subject 4 nor 5.  Subject 1 explained that she knew she hit something only when she heard the thump on the bottom of the boat.  Subject 1 was administered SFST test.  Subject 1 did not show any signs of intoxication.  Warden explained to Subject 1 that she had to give a sample of her blood because there was serious bodily injury in the accident she was involved in.  Subject 1 agreed to give a sample of her blood without any problems.  Another Game Warden  transported Subject 1 to Jasper Memorial Hospital where blood was drawn from her.  Warden later received the results from Subject 1's blood sample from the DPS crime lab.  Subject 1 did not have any alcohol nor drugs in her system at the time of the boating accident.  END OF REPORT

CONCLUSION:
Warden did turn over the investigation and all evidence to the Jasper County District Attorney's Office.  On Friday Oct. 9, 2009 Warden was contacted by the District Attorney's Office's Criminal Investigator.  After receiving the blood results from the DPS Crime Lab and careful consideration no charges are being filed by the Jasper County Attorney's Office.  No charges are being filed by Warden
Jasper                        