On 5/24/09, Victim 1 had called Landowner 1, the landowner of the pond, and asked if he could drive into the property and go fishing.  The pond  is enrolled into the Fishing Impoundments and Stream Habitats program within The Kansas Department of Wildlife and Parks.  Victim 1, the victim, Passenger 1, witness, Passenger 2, witness and Passenger 3, witness, were using a 12 ft. flatbottom boat with a trolling motor attached to the stern to check a trout line in the pond at approximately 2:30 a.m.  The boat began to fill with water and then the boat capsized and all four individuals went into the water.  Victim 1climbed on the capsized boat and Passenger 1 began to pull the boat toward shore.  Victim 1slipped off the boat back into the water.  Passenger 2 tried to help Victim 1back into the boat but was unable to because Victim 1grabbed her and started to pull her under water.  Passenger 2 fought off Victim 1from pulling her under the water and made it to shore.  When Passenger 1, Passenger 2 and Passenger 3 made it to shore with the boat they thought that Victim 1had been holding onto the boat.  Once they realized that Victim 1was not holding onto the boat and did not make it to shore, Passenger 1 went back into the water and found Victim 1under the water and dragged him to shore.  Passenger 2 and Passenger 3 began CPR on Victim 1while Passenger 1 went to Landowner 1, the land owner, to call 911.
Victim 1was pronounced dead at 4:45 a.m. by Doctor 1from Onaga Hospital.
Detective interviewed victim family member 1 and he stated that there was a PFD in the boat for Victim 1because he could not swim very well.  Passenger 1 also told Detective that Victim 1 had asthma and it would have caused him to panic and been unable to breath very well once he was in the water.  Detective  did no locate a PFD in the boat or the area around where Victim 1was pulled to shore.  Detective stated the blood toxicology test was ordered for the victim and was still pending. Report included Kansas Standard Offense Report (4 pages), Investigative Report from Detective (2 pages), Pottawatomie County Sheriff's Office Law Enforcement Affidavit/Narrative from Deputy (2 pages, multiple pictures for scene, boat and body.
Onaga                         