On July 4th 2010 V2 was operating in circular motion (vessel #2) on Cedar Creek lake in
Lynn Creek Cove. At the same time three people were on their PWC (vessel #1). Vessel #1 enterd the cove from shore while vessel #2 was also operating in a circular motion. Operator2 stated she had been out riding around for a while in the cove.

Everyone on vessel #1 states that Subject was the operator of vessel #1. Subject stated he saw Operator2's PWC doing donuts when they were leaving the shore line. As he entered the main body of water
in the cove Operator2 came out of a donut to go straight and it was too late; she was heading towards them and he could not avoid hitting her PWC.

V2 occupant stated Subject was driving the PWC when they were increasing speed to join the boat traffic and they turned to the right to get into another PWC's back stream, then Operator2 did a donut and was then directly in front of them and they hit.

Operator1 stated Subject was pulling out of the cove and about to give the PWC gas as Operator2 crossed their path and was doing donuts. When Operator2 came out of the donut to go straight she did not see vessel #1 when Subject saw her he immediately let off the gas and turned hard right but their momentum pushed them into vessel#2.

Everyone on vessel #2 stated that operator1 was the operater that struck them. Operator2 also stated that Subject was in the very back and V2 occupant was in the middle.

A witness who came to help right after the accident happened, stated both PWC's were out in the middle of the cove. Witness stated that when he arrived everyone was still in the water and there was a white female in the water saying "Im sorry, I was learning how to drive a jetski." Witness then helped take Operator2 to shore. Operator2 and the passenger were transported to the hospital and treated for injuries. Witness did not see the accident happen but through Witness I was able to get into contact with someone who did witness the wreck.

Witness2 was at the same house where Witness was when the accident happened. Witness2 said that she looked up just in time to see the accident happen. She said one of the PWC's t-boned the other and it went about halfway up and then came back down. Witness2 said it happened so far away she was not sure who hit who, or even who was driving. Witness2 was the one who told her father in law about the wreck. father told Witness and Witness got on his PWC and went out to help.

I arrested Subject as the operator of vessel #1 on 7-4-10 based on the information I had at the time for Intoxication assault. Through my investigation, I believe that operator1 was the operator of vessel #1.
Charges are pending but have not been files with the local prosecutors office.

Investigator with TPWD completed the Report

Payne Springs                 