ON AUGUST 5, 2009, AT APPROXIMATELY 0100, I RECEIVED A CALL FROM NCWRC DISPATCH REGARDING A BOAT ACCIDENT WHICH OCCURRED ON LAKE TILLERY AT FAIRWAY SHORES.  UPON ARRIVAL, EMS WAS TRANSPORTING TWO OF THE SUBJECTS TO STANLEY REGIONAL HOSPITAL FOR MEDICAL TREATEMENT.  I OBSERVED ONE OF THE PWC'S INVOLVED IN THE ACCIDENT STILL TIED TO THE BOAT DOCK AND PHOTOGRAPHED THE DAMAGE.

I TRAVELED TO STANLY REGIONAL IN ALBEMARLE WHERE I SPOKE WITH THE OPERATOR OF ONE OF THE PWCS INVOLVED IN THE COLLISION.  OPERATOR2 STATED THAT HE AND HIS FRIEND WERE DRIFTING ABOUT 30 YARDS OFF SHORE ON THEIR JET SKI SPEAKING WITH SOME NEIGHBORS AT A BOAT DOCK WHEN ANOTHER JET HIT THEM HEAD ON.  OPERATOR2 STATED THAT HE AND OCCUPANT ON VESSEL2 WERE THROWN FROM THE JET SKI.  OPERATOR2 REMAINED UNCONSCIOUS FOR A SHORT TIME, CAME TO AND WAS PULLED TO THE DOCK BY NEIGHBORS.  OCCUPANT ON VESSEL2 WAS ALSO PULLED FROM THE WATER TO THE DOCK.  BOTH INDIVIDUALS WERE WEARING COAST GUARD APPROVED PERSONAL FLOTATION DEVICES.  I ASKED OPERATOR2 IF HE KNEW WHO HIT HIM AND HE SAID HE DIDN'T KNOW BECAUSE IT HAPPENED TOO FAST.  OPERATOR2 STATED HE SUSTAINED DEEP CUTS TO HIM HEAD AND HAND AS WELL AS A CONCUSSION.  HE SAID THE JET SKI HAD ABOUT $500 IN DAMAGES.  HE WAS AWAITING A CAT SCAN AND STITCHES WHILE I WAS SPEAKING WITH HIM.

WHILE SPEAKING WITH OPERATOR2, I NOTICED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE ON HIS BREATH.  I ASKED OPERATOR2 IF HE HAD ANYTHING TO DRINK THAT EVENING AND HE STATED HE HAD A FEW BEERS AROUND 1830 BUT NOTHING SINCE THEN.  I PERFORMED FIELD SOBRIETY TESTS ON OPERATOR2 NOTICING 3 CLUES ON HORIZONAL GAZE NYSTAGMUS.  I ADMINISTERED TWO ALCOHOL SENSOR TESTS 6 MINUTES APART ON OPERATOR2 AND HE REGISTERED A .08 CONSEQUTIVELY.  I DID NOT PERFORM ANY OTHER FIELD SOBRIETY TESTS ON OPERATOR2 DUE TO HIS INJURIES.  OPERATOR2 REFUSED ANY OTHER BLOOD OR BREATH TESTS I OFFERED HIM.

I SPOKE WITH THE RESPONDING EMS UNITS TO ASCERTAIN THE IDENTITY OF THE OTHER PWC OPERATOR.  THEY STATED THAT THE OTHER OPERATOR WAS OPERATOR1, THE BROTHER OF occupant on vessel2 who HAD BEEN AT THE SCENE WHEN EMS ARRIVED.  THE EMS RESPONDER STATED THAT OPERATOR1 HAD LEFT THE SCENE ON HIS PWC PRIOR TO MY ARRIVAL.  I EXITED THE EMERGENCY ROOM AND FOUND OPERATOR1 WAITING OUTSIDE WITH OTHER MEMBERS OF HIS FAMILY.  I ASKED OPERATOR1 IF HE WAS THE OPERATOR OF THE PWC THAT COLLIDED WITH OPERATOR2.  HE STATED HE WAS OPERATING.  OPERATOR1 STATED THAT HE, OPERATOR2 AND OCCUPANT ON VESSEL2 HAD LEFT HIS MOTHER'S LAKE HOUSE ON JET SKI'S AROUND 0030.  HE SAID HE ROUNDED A CORNER IN THE COVE AND COLLIDED WITH OPERATOR2 AND OCCUPANT ON VESSEL2 HEAD ON TRAVELING ABOUT 20 MPH.  OPERATOR1 STATED HE DID NOT SEE THE OTHER PWC SITTING IN THE WATER.  I NOTICED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE ON OPERATOR1'S BREATH.  I ASKED HIM IF HE HAD ANYTHING TO DRINK THAT EVENING.  HE SAID HE ALSO HAD A FEW BEERS SEVERAL HOURS AGO.  I PERFORMED HORIZONTAL GAZE NYSTAGMUS ON OPERATOR1 AND OBSERVED 6 CLUES.  I ADMINISTERED TWO ALSO-SENSOR TESTS 6 MINUTES APART ON OPERATOR1 AND HE REGISTERED .11 CONSECUTIVELY.  I PLACED OPERATOR1 UNDER ARREST FOR OPERATING A MOTOR BOAT WHILE IMPAIRED CARELESS AND RECKLESS OPERATING A MOTOR BOAT AND BEING ON A PWC BETWEEN SUNSET AND SUNRISE.  I TRANSPORTED OPERATOR1 TO THE MAGISTRATE'S OFFICE IN ALBEMARLE WHERE HE REFUSED ANY OTHER TESTS.  THE MAGISTRATE ON DUTY FOUND PROBABLE CAUSE FOR THE CHARAGES AND PLACED HIM UNDER A $1500 SECURED BOND.

i THEN RETURNED TO STANLY REGIONAL AND SPOKE WITH OPERATOR2 AGAIN.  I CHARGED OPERATOR2 WITH NEGLIGENT OPERATION OF A MOTOR BOAT CAUSING INJURY AS WELL AS BEING ON A PWC BETWEEN SUNSET AND SUNRISE.  AT THE TIME OPERATOR2 WAS STILL WAITING FOR MEDICAL TREATMENT.

OCCUPANT ON VESSEL2 WAS STILL BEING ATTENDED TO WHILE I WAS PRESENT AND I WASN'T ABLE TO COMMUNICATE WITH HER.  SHE WAS LATER TRANSPORTED TO CAROLINA REGIONAL MEDICAL CENTER IN CHARLOTTE FOR FURTHER TREATMENT.
MOUNT GILEAD                  