On Monday July 13th, 2009 at approximately 8:15 p.m. Conservation Officer (CO) 1 received notice from Conservation Officer 2 that a boating incident had occurred on the Des Moines River near Birdland Marina in Polk County Iowa.  At approximately 8:25 p.m.  CO 1 received a call from CO 2 that indicated the parties and vessels involved in the incident were located at the Des Moines Power Boat Club just upstream from Birdland Marina.  
	At approximately 8:30 p.m. CO 1 arrived at the Des Moines Power Boat Club and was met there by CO 2, Des Moines Police Officer and two additional Des Moines Police Officers who were not identified. CO 1 and CO 2 contacted four individuals who were identified as Passenger 1, Passenger 2, Passenger 3, and Operator 1.  The individuals stated they were all boating together, and at the time of the incident Passenger 1, Passenger 2, and Passenger 3 were occupants in the boat and Operator 1 was the operator.  Officer CO 1 asked Passenger 1, Passenger 2 and Passenger 3 to proved written statements of the incident.  
	While Passenger 1, Passenger 2, and Passenger 3 drafted statements CO 1 talked with Operator 1.  CO 1 noted Operator 1 was “rattled” and demonstrated emotions of concern and fear.  Operator 1 stated they were boating upstream from the 6th St. Bridge and were doing “corkscrews” to make waves for two jet skies to jump.  Operator 1 stated he completed a corkscrew just upstream from the 6th St. Bridge and while doing so he saw women on a jet ski coming at him and he was unable to avoid a collision.  At 8:50 p.m. Operator 1 provided a diagram of the incident.  CO 1 asked Operator 1 if had consumed alcohol and Operator 1 stated that he had.  CO 1 asked Operator 1 to provide a breath sample to determine his BAC.  Operator 1 agreed to provide the sample but was reluctant to do so.  Operator 1 stated he felt he was not intoxicated but he was scared to provide the sample.  Operator 1 consumed approximately 36 ounces of water and urinated prior to providing a breath sample.  At 9:12 p.m. CO 1 administered a PBT which indicated Operator 1 had a BAC of .071. 
	CO 1 contacted an individual who identified himself as Operator 2.  Operator 2 stated him and the injured women, Victim 1, were riding two separate jet skies on the river.  Operator 2 stated he did not see the incident.  Operator 2 stated he and Victim 1 had been racing up and down the river and jumping the wake of the boat that collided with Victim 1.  Operator 2 provided a written statement. 
	After talking with Operator 2, CO 1 collected and reviewed the written statements drafted by Passenger 1, Passenger 2, and Passenger 3.  The statements indicated that they had been maneuvering or doing “corkscrews” for approximately fifteen minutes before the incident occurred.  During that time, their boat made multiple corkscrews to produce waves/wake for Operator 2 and Victim 1 to jump.  Operator 2 and Victim 1 jumped the waves/wake on multiple occasions.  According to the written statements the collision between Victim 1 and her jet ski and the boat occurred during a counter clockwise corkscrew while making waves/wake.  The statements indicate as their boat completed or “came around” on the final turn the female on the jet ski was coming straight at them and the collision could not be avoided. 	
	After collecting the statements Officer CO 1 spoke with Operator 1, again, only this time he focused at the time of the collision.  Operator 1 stated, as he completed a turn the jet ski was coming at him.  CO 1 asked Operator 1 how far the jet ski was away from him when he completed his turn and observed the jet ski.  Operator 1 stated the distance was pretty far and estimated it to be anywhere from fifty to one hundred yards.  He also stated he was on plane and was traveling at approximately 15 to 20 miles per hour during the turn.  CO 1 asked Operator 1 how fast the jet ski was travelling and he estimated the speed to be about 30 miles per hour.
Des Moines                    