At approximately 1500 hours on May 28, 2011, I, State Game Warden, was dispatched to the scene of a single vessel boat accident on Lake Livingston near Kalita Point by the Polk County Sheriff's Department.  I arrived on scene and interviewed the operator of the boat whom I identified.  Operator explained that he was pulling his friend on an intertube behind the boat making circles in a narrow cove to avoid the high wind and waves on the open water.  He stated that neither he nor Victim was wearing a PFD.  He also stated that he did not have an observer and his boat was not equipped with a rearview mirror.  Operator stated that he observed his friend Victim fall off of the tube and then submerge after making a weak attempt to swim.  He stated that he yelled out for someone to call 911 and he began diving into the water trying to find his friend.  He was unsuccessful.  He admitted to drinking a few alcoholic drinks prior to the accident and he appeared to be intoxicated.  He submitted a preliminary breath specimen which registered .12 g/210L and was transported to the Livingston Memorial Hospital for a mandatory blood draw and Standardized Field Sobriety Testing.  Game Wardens recovered the body of Victim at approximately 1645 hours that afternoon and Operator was arrested and booked into the Polk County Jail on charges of Intoxication Manslaughter after he performed poorly on the field sobriety tests.
Autopsy results later confirmed the cause and manner of death to be accidental drowning.  The victim's blood alcohol level showed to be .19 g/100ml and there was evidence he was also under the influence of marijuana.

Livingston                    