On August 12, 2009, at approximately 10:53 pm, Iowa Department of Natural Resources Water Patrol Officer, Officer 1, contacted Iowa Department of Natural Resources Conservation Officer, Officer 2, in regards to a possible intoxicated boater in a pontoon near the State Fish Hatchery, along the north shore of Clear Lake.  Officer 1 advised Officer 2 that the Clear Lake Police Department (CLPD) had contacted him to respond and that the CLPD had officers on their way.  Officer 2 contacted the CLPD and told the dispatcher that he was enroute to the State Fish Hatchery.  

At 11:03 pm. Officer 2 arrived at the State Fish Hatchery and could see 3 CLPD officer’s; Officer 3, Officer 4 and Officer 5, assisting a male subject off a pontoon boat and walking with him to a picnic table near the parking lot at the State Fish Hatchery.  As Officer 2 walked towards the male subject, he was able to view the subject swaying some while walking and was able to identify the subject as Operator 1.  Operator 1 swayed while standing near the picnic table and then took a seat on the bench of the picnic table.  Officer 2 then went to look at the pontoon, which was banked up and secured against the shoreline.  Officer 2 could see visible damage to the 2 front corner panels of the pontoon as well as red cup in a cup holder, along with a bottle of liquor behind the operator’s seat on the floor.  A cooler could also be seen to the left of the steering counsel on the floor.  While looking over the pontoon, 2 Cerro Gordo County Deputies arrived.  

After briefly speaking with both of them, Officer 2 had Deputy 1 get witness statements from the people who called about the pontoon.  During Officer 2’s conversation with the deputies, Operator 1 could be seen with his head and chin down and what appeared to be sleeping, while sitting on the picnic table.  Officer 2 went over to where Operator 1 was sitting and Operator 1 came to.  Operator 1 stood up and needed to use the picnic table for balance.  Officer 2 asked Operator 1 what the deal was tonight and Operator 1 responded that he had nothing to do with it and wasn’t in that boat.  While speaking with Operator 1, Officer 2 was able to smell a great deal of intoxicants from Operator 1, along with a watery, glassy right eye.  The left eyelid covered Operator 1’s left eye.  At approximately 11:26 pm, Officer 2 told Operator 1 that he was going to perform a series of test’s with him to see whether or not he was under the influence while out boating.  

According to witnesses that were able to view the pontoon with Operator 1 in it as the operator, it appears that Operator 1 first drove into the east side of the dock 1, located at  Clear Lake, Iowa, with the starboard, right front half of his boat and then continued to rub and bounce off the dock as he continued to move his boat out to open water.  After Operator 1 cleared the dock 1, he drove to the east side of dock 2, located at  Clear Lake, Iowa,  and ran the port (left) side of his boat into the dock, then put the boat into reverse, where he hit Owner 1’s boat on the hoist.  After being confronted on the dock, Operator 1 drove his boat in an east – southeast direction to the Heartland Inn.  Once confronted at the Heartland Inn, Operator 1 drove his boat in a northwest direction where he ended up being contacted by State Water Patrol Officer Officer 1 and assisted off the boat by CLPD officers at the State Fish Hatchery.

Operator 1 was arrested for Boating While Intoxicated and taken to the Cerro Gordo County Jail.
Clear Lake                    