At 1350 HRS on 6/4/11, Jefferson County dispatch reportedly received a call regarding an injury accident on Perry Lake and relayed said information to NRO, further advising him that the injured subject (victim 1) was being transported to the Rock Creek Marina.  At 1400 HRS, NRO arrived at the Rock Creek Marina.  At 1404 HRS, after docking his patrol boat, NRO took a photograph of vessel 1''s starboard side while victim 1 was being treated on board vessel 1.  At approximately 1410 HRS, the paramedics arrived and transported victim 1 from vessel 1 to their ambulance for treatment.  NRO was later informed that victim 1 was transported to an unknown hospital in Kansas City, via air ambulance, to treat his severe head trauma.

At approximately 1415 HRS, NRO asked the operator of vessel 1 to describe the incident to him.  The operator then advised the following:

Prior to the incident, while he was operating vessel 1, victim 1 was being towed on his wake board behind vessel 1, which was estimated at traveling approximately 20 mph, in the area known as "Devil''s Gap" on Perry Lake.  

During the incident, while on his second run (waverunning) of the day, the front of victim 1''s board caught a wave and subsequently caused him to be projected forward (head first) onto the water''s surface.  The operator described it as a hard "face-plant" on the water.  

After hitting the water, victim 1 reportedly appeared to be disoriented and complained of pain in his right abdomen.  While still in the water, victim 1 also reportedly rolled back and started yelling/screaming aloud.  After he was brought back on board vessel 1, blood was reportedly observed coming from victim 1''s nose and right ear.

At approximately 1430 HRS, after listening to the operator''s account of the incident, NRO requested that he write out the details of the incident on a voluntary statement form (Enclosure 1).  He cooperated and after doing so, NRO asked the operator if he had been drinking any alcohol.  The operator then advised that he had drank less than one Bud Light.  At said time, NRO did not observe any indications of the operator being under the influence of alcohol nor did he observe any alcoholic beverages in vessel 1.  Based on the fact that the operator admitted to drinking beer though, NRO requested that he provide a breath sample into his preliminary breath tester (PBT).  After reading aloud the applicable sections of KSA 32-1138, NRO attempted to power up his PBT, but due to the presence of moisture inside said PBT, it would not turn "on" and he was unable to test the operator.  The operator did however voluntarily comply with NRO request and did agree to provide a sample.
Ozawkie                       