on july 18th at approximateky 3:00pm victim and subject boarded operator's motorboat at the east chicago (pastrick) marina.  They traveled west on lake michigan.  Operator states he turned the motor off in front of whihila beach, but did not anchor.  The boat's depth finder indicated 12.2 feet to the bottom.  Operator went into the water first, and came out a short time later.  Subject then went in, and also came out  quickly.  At approximately 3:45 pm victim  jumped in, causing the boat to move several feet. operateor stated as soon as victim's head broke the waters surface operator knew victim was having trouble staying afloat. Operator screamed at subject to help victim.  Subject, who was sitting on the boat's swim platform, jumped backed into the water, and reached victim who was  20 to 30 feet from the boat in approximately 10 to 12 seconds.  Subject grabbed a hold of victim and told him to tread water, victim did not respond, and was motionless. Subject attempted to keep victim's head above the water but could not, stating he went under three times attempting to keep victim's head up, and became exhausted. Operator had positioned the boat close enought to subject that operator was able to grab subject and assist him back on board.  Subject told operator to try and save victim.  Operator states he observed victim two feet below the surface and two feet from the boat, and after observing the difficulty subject had trying to save victim, felt he didn't have the ability to bring victim to the boat.
 operator dialed 911.  He also called for assistance over the marine radio.  Subject states the coast guard arrived in approximately 10 to 15 minutes and started a surface search.  A lake county marine patrol boat  (subject refers to the marine unit as the state police in his written statement) and the lake county aquatic dive team also responded.
  i arrived at whihila beach at approximately 6:00 pm.  The coast guard, lake county marine, the aquatics, and idnr had boats in the area victim was last seen.  I was approached by lake co sheriff officer who wanted to know exactly where his divers should be searching for the victim.  I responded we need to talk to the witnesses.  He replied no witnesses were there.  I than called officer and requested if he had any knowledge of who or the location of the witnesses.  He was able to determine after talking to the coast guard and lake county marine patrol the identity and phone number for operator.  I called operator who told me he had just arrived home.  I asked him who told him he could leave, and he replied both the coast guard and lake county marina patrol advised him it was alright for him and subject to go home.  I told him he was needed back at whihila to determine the location victim entered the water.  I also asked if any of victim's relatives were told of his disappearance.  Operator advised he had called victim's wife who was in colorado, of the situation.  I called wife and told her what was being done to find her husband..  Operator arrived at approximately 0900 pm.  I interviewed him and he provided a written statement.  The lake county aquatics transported him by boat to the location victim was last seen.  Victim's body was located by idnr's side scan sonar, and the aquatics divers made the recovery in 15 feet of water at 10:12 pm.  I called victim's wife and informed her of the recovery.
 victim's body was transported to the hammond marina on the aquatic's boat.
Whiting