I, Denton County Game Warden was notified by another officer that there had been boat accident on Lake Ray Roberts at approximately 10:25p.m. on 8-7-12.  As I arrived two subjects were being transported to Medical Center of Plano by Care flight.  Both subjects were passengers on the vessel at the time the accident happened.  Both subjects were ejected from the vessel at the time of impact.  One passenger had a serious laceration to his mid section (Injured victim) while the other sustained a tramatic head injury (Deceased victim). Deceased victim was located on the bow of the vessel just in front of the driver’s seat window and Injured victim was located on the bow as well.  At the time of the accident, the boat was on plane and ramped into the air after hitting the rock dam.  The vessel was located approximately 30-40 yards up onto the rock dam from the water line on its keel.  Deceased victim was laying on the rocks approximately 50 feet from the vessel up the dam closer to FM 455.  I was informed that there was a third subject wearing a green shirt and blue jeans in the back seat of a patrol deputy’s vehicle.  I identified him.  Operator had a very strong odor of an alcoholic beverage on his breath, blood shot eyes, and slurred speech and was extremely uncooperative.  Operator had a very confused demeanor.  He was not sure of how many occupants were on his boat at the time of the accident.  He kept saying that there were four passengers and there was only three onboard.  Operator admitted to drinking alcoholic beverages and that he was the owner of the vessel (TX 1541 RB).  Operator stated that he was not operating the vessel at the time of the accident.  Operator had blood all over him but was not injured.  Operator refused all medical attention.   A statement was acquired from one of the passengers of the vessel that Operator was operating the vessel at the time of the accident.  The other subject, Deceased victim, was not capable of giving a statement.       
Operator refused to do any SFST’s but indicated intoxication.  Operator was asked for a sample of his blood and refused to give a specimen. A specimen was taken at 1:23 a.m. on 8-8-12 at Denton Regional Hospital for a mandatory blood draw due to serious bodily injury caused during the accident.  Operator was transported to Denton County Pre- Trial and booked in for Intoxication Assault with a vehicle (Serious Bodily Injury).

Sanger                        