Vessel 1 was traveling from east to west.  Due to heavy seas Vessel 1 followed a zigzag course to avoid the large waves.  Vessel 1 was unable to avoid the large seas and took a large stern wake; causing it to fill with water and capsize.

Based on my training / experience, all evidence observed and collected, injuries and interview with Survivor this is what I determined to have occurred.  On Sunday 10/28/12 operator asked his nephew, Survivor if he wanted to go gigging for flounder and assist him with salvaging items off of a sailboat.  Subject picked up Occupant and drove to Thomas Pilcher Landing in his black Nissan pickup.  At approximately 1245 hours they launched their vessel (FL 9695 CR).  They traveled north-north east paralleling US 331 for an unknown period of time; turning toward the east, continuing until they reached the sailboat (approximate location N30 25.957/ W 86 7.829).  They ran aground numerous times (due to shallow waters) as they navigated along the north shore of the bay.  According to Occupant, it took a significant amount of time to navigate to the sailboat.  Once at the sailboat they boarded the vessel and began salvaging miscellaneous items; the largest being a part of the mast.  They were on the vessel for an unknown amount of time.  Next the items salvaged were loaded on their vessel; which already had all the tools, car battery, gas powered generator, and other miscellaneous items. Shortly after leaving the sailboat they started taking waves into their vessel.  To avoid the large waves Subject began using a sailing technique called tacking; making it through a large gap in the pylons.  At some point after the pylons the vessel took a stern wake; which completely filled it with water, causing it to capsize.  They struggled to flip the vessel back over.  During their struggle, the small outboard engine was removed from the vessel in an attempt to regain control of the vessel.  A short time after the vessel capsized Occupant called 911, however was unable to successfully communicate.  The call was recorded and documented at 0534 hours.  WSO deputies were dispatched to the bridge shortly after the "911 hang-up." Occupant made a decision to make a swim for it; taking the only life jacket that was located.  A second 911 call came in at approximately 0703 hours; the caller observed two people swimming near the bridge.  Shortly after the call WSO deputies arrived on scene and saw Occupant swimming with an orange flotation device behind him.  WSO Deputies assisted him to shore and EMS transported him to the hospital.

According to the Medical Examiner the vessel operator death was determined to be caused by drowning.  Based on my investigation I have determined that no criminal prosecution is warranted. ; OCCUPANT:The subject was transported to the Emergency Room by ambulance, where he received treatment beyond first aid for hypothermia.  According to Dr. at Sacred Hearth ER the subject was in the water for no more than 45 minutes to one hour.;
FREEPORT                      