On or about August 9, 2010 at approximately 10:00 AM I State Game Warden was notified by TPWD communications to contact Capt. with the City of Freeport PD, in reference to a boating accident which had occurred the   previous day. I made contact with Capt and he informed me about the accident, which involved a fatality that had occurred on the Old Brazos River and gave me the contact information for a Detective who was assigned to the case. 
 On or about August 12, 2010 at approximately 1:00 PM, I met Detective with the City of Freeport PD, and he informed me about the details of the boating accident. Detective gave me copies of the information and statements they had obtained on all the individuals involved in the accident. 
  According to statements and information obtained from the individuals involved in the accident, the Knights of Columbus were having a picnic at the River Place Community House located at the Freeport Municipal Park on August 8, 2010. The park is located next to the Old Brazos River. A couple of members had brought their boats to the event and were conducting boat rides for those who wanted to go. That afternoon, an individual identified as operator was operating one of the boats. The boat he was operating was a 2010 BoatRight Custom Flat Motorboat (TX 4370 BD). operator states that he was at the dock talking with an individual. Three more individuals came to the dock, and Operator asked if they wanted to go for a ride.  The three individuals boarded the boat along with friend. Friend stood beside Operator behind the center console. Occupant1 sat on the seat on the right side of the boat, and the two females attempted to sit on the seat on the left, however Operator told one of them to sit on the seat in front of the console to balance out the boat friend stated that Operator told the three individuals that the life jackets were beside them if they wanted to wear one. Friend also stated that no one put on a life jacket as they left the dock. 
  Operator states they headed up the river towards the bridge and that he only drove the boat at about 5 mph, because he was concerned about how low the boat was sitting in the water and that some water was splashing over the sides.  Operator said another boat came by before they got to the bridge, and he turned the bow of the boat to go over the wake, and some water came over the bow. Operator was still concerned about how low the boat was sitting in the water, and he checked to make sure the drain holes were open, and had Friend turn on the bilge pump. They continued to travel up the river and went under the bridge. At this point Operator decided to turn the boat around because he was still concerned about the way the boat was riding in the water.  Operator starts to make a wide turn to the right and states that as he starts to turn back to the left, about 3 inches of water began coming over the right front side. Friend states that water started coming over the left side. At this time, operator states that one of the female occupants moved towards the right. Friend did not recall if one of the female occupants moved to the right, but stated that there was a weight shift to the right. At this point, Operator said he gave the boat some gas to try and level out the bow, however, the boat took on more water and flipped over. All the occupants returned to the surface next to the boat, except for Occupant1. occupant had become trapped beneath the boat and the railing that went around the sides of the boat. Operator, Friend, and witness who had witnessed the accident and jumped in the water to assist, worked to get occupant from underneath the boat. Once occupant was removed from beneath the boat, operator states that he began trying to perform CPR. At this point, emergency personnel arrived on scene and began assisting with the accident, victim was transported by ambulance to Brazosport Regional Hospital. The other occupants sustained only minor bruises and scrapes. to perform CPR. At this point, emergency personnel arrived on scene and began assisting with the accident, victim was transported by ambulance to Brazosport Regional Hospital.  The other occupants sustained only minor bruises and scrapes. victim was pronounced deceased by Justice of the Peace Sharon Fox at 1515 hrs. Judge  ordered a complete autopsy be performed. Resulsts are still pending at this time. Detective  had a blood sample drawn from operator. The results are sitll pending at this time. 
Note: The manufacture capacity rating for the boat: 4 person or 532lbs. 1252 lbs including persons, motor, and gear.  Detective  obtained weight information from all 5 individuals on board the vessel and it was determined the manufacture's weight capacity was exceeded by nearly 900 lbs.
Freeport                      