ON SATURDAY, JULY4, 2009 AT APPROXIMATELY 4:20PM, OPERATOR WAS OPERATING VESSEL 1, NC 8968 WK.  SHE WAS PULLING TWO TUBERS, AGE 12 and AGE 11.  THEY WERE ON HYCO LAKE, NORTH OF THE HWY 57 BRIDGE NEAR WARM WATERS RESTAURANT.  THE WERE HEADED SOUTH IN THE DIRECTION TOWARDS THE BRIDGE WHEN tubers FELL OFF OF THE TUBE.  WHEN OPERATOR REALIZED HER TUBERS HAD FALLEN OFF, SHE TURNED THE BOAT AROUND IN ORDER TO GET THEM OUT OF THE WATER AND INTO THE BOAT.  INITIALLY OPERATOR PLANNED TO PICK THE GIRLS UP OUT OF THE WATER USING A LADDER ON THE PORT SIDE OF THE BOW.  AS OPERATOR WAS GETTING THE BoAT INTO POSITION, SHE COULD ONLY SEE TUBER1 IN THE WATER.  SHE REPORTED LOOKING AROUND THE BOAT FOR THE SECOND TUBER.  WHEN OPERATOR TURNED AROUND THE LOOKED IN THE DIRECTION OF THE MOTOR, SHE SAW tuber2 TRYING TO CLIMB UP THE LADDER ON THE STERNN STARBOARD SIDE.  SHE REPORTED THAT WHEN SHE SAW THIS, SHE IMMEDIATELY TURNED THE MOTOR OFF.  OPERATOR COULD NOT REMEMBER IF SHE HAD THE BOAT IN GEAR.  

IT WAS AT THIS POINT THAT ALL 7 PASSENGERS ON THE BOAT HEARD tuber2’s SCREAMING.  PASSENGERS REACTED TO TUBER2S CRIES AND JUMPED IN THE WATER TO HELP HER.  OCCUPANT1 REPORTS THE PROPELLER BEING STUCK INTO TUBER2'S LEG.  WITH ONE HAND HE GRABBED THE PROPELLER AND WITH THE OTHER HAND HE GRABBED TUBER2'S LEG AND SEPERATED THE TWO.  TUBER2 HAD CUT BOTH HER LEGS IN SEVERAL PLACES BY MAKING CONTACT WITH THE BOAT'S PROPELLER.  THEY ASSISTED HER ON THE BOAT WITH THE HELP OF THE OTHER CREW MEMBERS WRAPPED TUBER2'S LEGS IN A SHIRT AND TOWEL TO STOP THE BLEEDING.  OPERATOR DROVE THE BOAT TO THE DOCKS WHERE THEY WERE ORIGINALLY HEADED.  OTHER PASSENGERS ON THE BOAT CALLED TO BYSTANDERS AT THE DOCKS TO CALL 911.  EMS ARRIVED AND TUBER2 WAS TRANSPORTED TO DUKE HOSPITAL WHERE SHE RECIEVED MEDICAL TREATMENT.

MYSELF AND SGT. WERE ON PATROL ON THE LAKE WHEN WE WERE INFORMED BY OFFICER BY TELEPHONE ABOUT THE ACCIDENT.  WHEN WE ARRIVED ON SCENE TUBER2 WAS ALREADY IN ROUTE TO THE HOSPITAL AND WE SPOKE WITH OPERATOR AND THE HYCO LAKE AUTHORITY ABOUT THE ACCIDENT.  SHE SHOWED ME WHERE IT OCCURED AND TOLD ME DETAILS OF WHAT HAPPENED.  OPERATOR REPORTED DRINKING ONE BEER SEVERAL HOURS PRIOR TO THE ACCIDENT OCCURING.  ALCOSENSOR RESULTS READ .00 TWO CONSECUTIVE TIMES.  NO FIELD SOBRIETY WAS PERFORMED ON OPERATOR.

ON 7-15-09 I SPOKE WITH TUBER2 ABOUT THE ACCIDENT AND THERE WERE SEVERAL DETAILS FROM WHAT SHE TOLD ME THAT DIFFERED FROM WHAT OPERATOR REPORTED.  TUBER2 REPORTED THE STERN LADDER WAS IN THE DOWN POSITION AND SHE ACTUALLY HAD ONE HAND ON IT WHEN HER LEG GOT CUT.  OPERATOR CLAIMED THE LADDER WAS IN THE UP POSITION AT THE TIME OF THE ACCIDENT.  TUBER2 ALSO REPORTED THAT TUBER1 HAD ALREADY CLIMBED IN THE BOAT BY USING THE STERN LADDER BEFORE THE ACCIDENT OCCURED AND THAT SHE WAS GOING TO FOLLOW TUBER1 UP THE BOAT.  OPERATOR REPORTS TUBER1 WAS STILL IN THE WATER OFF THE PORT SIDE WHEN THE ACCIDENT HAPPENED.

TUBER2 ENDED UP WITH STICHES ON TWO PLACES ON HER LEFT LEG AS WELL AS STITCHES ON HER RIGHT HEEL.  SHE SAID SHE GOT CUT ON HER RIGHT HEEL WHEN SHE TRIED TO KICK HER LEFT LEG FREE USING HER RIGHT HEEL.  ON HER LEFT LEG THE STITCHING STARTS ABOUT HER KNEECAP AND GOES DOWN HER LEG APPROXIMATELY ONE FOOT.  THE NERVE THAT RAISES AND LOWERS HER FOOT WAS ALSO CUT AND SHE RECIEVED SIX INCHES OF STAPLES.  SHE ALSO RECIEVED TWO INCHES OF STICHING IN THE CREASE OF HER LEG BEHIND HER LEFT KNEE.

ON 7-15-09, I SPOKE WITH THE DA'S OFFICE ABOUT POSSIBLY CHARGING OPERATOR WITH CARELESS AND RECKLESS OPERATION AND THEY ADVISED ME NOT TO.  THUS, NO CRIMINAL CHARGES WERE FILED IN THIS MATTER.
SEMORA                        