Vessel 1 had been fishing in the little narrows and was returning to waterview shores by way of neals creek and snake creek.  According to the operator of vessel 1, he stated that he was on plane about half way through snake creek when he saw a larger boat heading straight for his boat.  Vessel 1 tried to maneuver to the right to avoid a head on collision but stated that he was as far to the right as he could get without actually hitting land.  Vessel 2 struck vessel 1 at a 45 degree angle on the front port side (left side) and ending up resting on top of vessel 1.  The impact knocked the operator of vessel 1 and his wife out of the boat on either sides of vessel 2.  The operator of vessel 1 was unconscious, but was recovered by passengers of vessel 2.  

The operator of vessel 2 stated that she had entered snake creek planed out but not at full speed and that she simply did not see vessel 1 until it was too late to react to avoid the collision.  After the collision, the operator of vessel 2 assisted others on the boat by rendering first aid to the operator of vessel 1 and returned him and his wife to the dock at waterview shores.  The operator of vessel 1 was air lifted to norfolk sentara hospital and was released later that evening.  Both operators were interviewed once again on august 9th, and both stated that they felt they were equally at fault.  

On sunday august 12th, i contacted the operator of vessel 1 and he voluntarily submitted the results of his blood test from sentara norfolk general hospital.  The results of the blood test drawn at 7:38pm august 3 showed that he had an ethanol serum content of .09, which was converted by fta to a .07 bac.  At this time, i plan to charge both operators with careless and negligent boat operation due to the speeds of both vessels operating in this dangerous creek.  I spoke with assistant district attorney and was advised not to pursue an owi charge since the bac was .07.

GRANDY                        