Operator and victim had gone fishing overnight with two other acquaintances.  The operator and victim arrived at the State park to flush the engine and vessel off of salt water.  Both men decided to go for a swim to rinse off salt from their skin and clothes.  Operator does not swim well so he decided to put on a pfd to swim.  The victim jumped off the swim platform and did not seem to be any problem or be in distress.  The operator turned around to enter the water and did not see the victim.  He thought perhaps the victim dove under the water to grab his leg as a joke but realized he did not see him anywhere.  Operator entered the water looking for the victim while yelling for help.  Victim was located on 6/17/12 by a dive team.  Investigator noted alcohol beverages in vessel.  Alcohol was found on the vessel and victim tox results came back at .28 BAC and Vitreous humor fluid tested at .37 AC level.  Additionally the victim tested presumptive positive for amphetamine.  Conclusion is that this was a preventable accident had there not been the over consumption of alcoholic beverages.
Southampton                   