Vessel #2 was anchored about 100 yards north of the "Slow no-wake" buoy on the north side of the channel connecting the second and third basin of Coldwater Lake, and facing north.

The pontoon boat, Vessel #1 was traveling north and just exiting the channel, it then sped up and seconds later struck the fishing boat, Vessel #2, on the stern port side of the motor.  

Operator of Vessel #2 was sitting in the back and stood up as he heard the pontoon approaching and was knocked into the water on impact.  Passenger of Vessel #2 who was sitting in the boat, was tossed up and landed in the boat.

The occupants of Vessel #2 stated they were anchored and crappie fishing.  They stated the lights were on along with a lantern on the port side of the vessel with a floating lantern.

Witnesses on the lake stated the lights of the fishing boat (Vessel #2) were not on but did come on after the pontoon hit it.
Operator of Vessel #1 and his passengers all stated they did not see any lights on Vessel #2, until after they hit it.
Aanother witness in a boat stated also that Vessel #2 did not have any lights on, but turned them on after Vessel #1 hit them.
Someone home watching tv heard the pontoon speed up and then the crash.  When he looked outside he could see the pontoon but not the fishing boat, not Vessel #2.

After hitting Vessel #2, Vessel #1 turned and asked if everyone was alright, only to hear profanity and yelling.  So, he stopped and did not want to make the situation worse by going up to Vessel #2.  He stayed in the area and waited.

To see if the lights were on before the accident, the officer examined the filament of the light bulb which would be stretched but not broken since the lights worked properly after the accident.  The filament was not stretched, making it appear that the light on Vessel #2 was not on before the accident.

Due to witness statements contradicting sometimes, and evidence not being conclusive, no charges or citations were issued to either party.
Kinderhook Township           