On 3-16-2013 at approximately 4 :20 PM, deceased and passenger were travelling upstream in the Guadalupe River .  Operator was operating a 14 foot long aluminum vessel( TX 6503 ET) with a 15 horse power Mercury and  Occupant was in the bow of the vessel. None of the occupants were wearing personal flotation devices.  Occupant said he was leaning right and Operator was leaning left in the vessel to counter the weight on the boat.  Occupant said as they were doing so when they were both ejected from the vessel.  Occupant said he was not sure if they hit something or not. On a later statement Occupant said they might have hit something in the water. Occupant said he knew Operator could not swim and tried to throw Operator a life jacket and a flotation cushion but Operator could not get to them.  Occupant said he was able to put on a life jacket and make it to shore.  Other witnesses in a kayak said they saw a male subject struggling in the water and when they got closer the male subject (Operator ) went under.  Both witnesses jumped in the water but could not locate Operator.  Sheriffs Deputies arrived on scene also Texas Game Wardens.  Port Lavaca Fire Department Dive team searched the area but could not locate the victim.  Sheriffs Deputy was interviewing Occupant and said he was unable to detect any odor of alcohol coming from Occupants breath or person. Wardens and Fire department dive team continued the search the next day. Texas parks and Wildlife Department Game Wardens continued the search during day light hours the next few days. On  the morning of  3-19-2013 at approximately 7:50A.M., a boater located the floating victim and the body was recovered by Texas Game Wardens. Victim was pronounced deceased by Justice of the Peace and after speaking with witnesses and gaining other information she advised no autopsy was in order. The body was released to Victoria mortuary. 
Calhoun County Sheriffs Investigator interviewed Occupant and family members.  Investigator observed very little damage to the vessel, "appeared to be  a fresh dent / scrape with what appeared to be wood fragments located near the top of the side rail edge.  A supplement report is available.  Incident #13-0173
Tivoli