Operator and son2, sons of victim, were standing behind the ambulance waiting for an update on their father.  Operator said that was driving the boat when the accident occurred.  Operator was chewing tobacco and i asked him to take it out in order for me to administer a preliminary breath test.  I administered a preliminary breath test to Operator at 1703 hours which showed a blood alcohol level of .012%.  Operator advised that he drank part of a beer earlier in the afternoon but did not finish it.  I did not observe any signs of impairment while talking with Operator.  

At approximately 1720 hours, i was advised that victim died in the back of the ambulance.  His sons Operator and son2 were also advised.  I then drove back to the residence where the boat was located and met with marshall county deputy rafke who was standing by the boat.  The boat was identified as a white and teal, 1995 rinker captiva 20 foot runabout boat.  The registration numbers displayed on the boat were in 6684 bb expiring in 2013.  I took photographs of the boat.  Operator told me who and where each person was on the boat.  He advised that he was the operator, son2 was in the passenger seat, occupant3 was in the starboard bow seat, victim was sitting on the port side gunwale towards the bow of the boat, occupant4 was sitting on the back bench seat towards the port side, occupant5 was sitting on the back bench seat, tuber1 was on the tube being pulled behind the boat, and tuber2 was also on the same tube.  

After the rest of the family was notified by Operator and son2, i obtained a statement from the adults that were in the boat at the time of the accident.  Each statement was video recorded.  Tuber2 age 16 and occupant5 age 13 did not give a statement at the request of their parents.  

Operator gave the first statement at 1743 hours.  Operator advised that he was operating the boat pulling two people on a tube in the south bay of the lake when the accident occurred.  Operator advised the tubers fell off after a turn and he turned the boat to the right to go pick them up and was looking right.  Operator said that he heard something and looked over his left shoulder and notices victim not sitting up front anymore.  Operator said that as he was reaching for the accelerator to stop the boat he saw blood in the water.  Operator said the tube line was unhooked he drove over to pick up victim.  Victim was put into the boat and Operator drove him back to his residence and beached the boat.  Operator advised that a tunicate was put on victim and then paramedics showed up.  Operator estimated his speed at 15 mph and was in a turn when the boat struck victim.  Operator also estimated that they were on the lake for 2 to 3 hours before this occurred.  The lake conditions were calm at the time.  Operator advised that victim was sitting on the bow gunwale holding onto a bar and when he turned right, victim fell backwards.  Victim was not wearing a life jacket.  The statement concluded at 1747 hours.



Culver                        