On 07/25/10 at approximately 5:30 P.M., I CPO was informed of a personal injury boating accident on Otter Lake. I arrived on scene approximately 30 minutes later. I spoke with a (passenger) and operator of the boat. Both subjects informed me that their friend, victim had just left by ambulance enroute to Memorial hospital in Springfield.
     I spoke with Operator. He informed me that he was operating the boat pulling a skier when the skier fell off of his skies. victim then let down on the throttle. When he let down on the throttle he observed that victim was standing up and then fell over the bow of the boat. victim immediately shut the motor off on the boat and looked for victim. They saw victim in the water and occupant jumped in after him helping him in the boat. I had both subjects fill out written statements. ( see attached statements )They observed that victim had bruising to his rib cage and was bleeding from some cuts on his left leg located on his upper thigh and above his knee in the area of his calf. ( see attached photo ) They immediately headed for shore and called victim's mom. They started to head for the hospital when they met victim's mom on the road with an ambulance en-route. 
     I asked Operator where the boat was located at. He informed me that it was tied up at a lake lot on Otter Lake. I informed Operator to take me to the boat so that I could conduct an inspection on it. Operator took me to the location of the boat involved in the accident. I observed that there was several beer cans and bottles of beer in the boat, along with some blood on the bow of the boat. ( see attached pictures ) I asked Operator if anyone on the boat was 21 or older. He informed me that no-one on the boat was of age to be drinking. 
     Sgt.  arrived on scene to assist with the investigation. Sgt.  informed me that while I conducted the inspection on the boat he would check Operator out for a possible O.U.I. I went back to conducting an inspection on the boat for damage and safety equipment. I found no safety violations or damage to the boat. 
     Sgt.  advised me that he ran Operator through field sobriety, but did not have enough probable cause to arrest him for O.U.I. He then had Operator blow into an RBT IV, ( portable breath machine ) which he registered a .127 at 6:36 P.M. ( see attached print out )  A Macoupin County Deputy then had occupant blow into a PBT which he registered a .069 and showed me the reading on the machine. I informed both subjects that they would be issued citations for underage drinking and that Operator would be receiving a citation for Careless operation of a motorboat. Both subjects have a must appear in Macoupin County Court on 08/18/10 at 9:00 A.M. I read miranda to occupant and Operator both subjects informed me that they had been drinking since about 1:00 P.M. along with victim and someone else. 
     On 08/11/10 at approximately 8:00 P.M., I CPO spoke with the victim at his residence with his parents present. victim informed me that he was moving from one place to another in the bow of the boat when the skier fell off of his skies causing Operator to let off of the throttle. victim then lost his balance falling over the bow of the boat. He felt the boat hit him in the side, but did not know that he was cut until he was back in the boat. They then rushed back to the boat dock and met his mother and ambulance on the roadway. I asked the parents if they knew that there son had been drinking. They informed me that they knew that and were not happy with him about it. I explained the Juvenile process to them and that I would be refering the matter to the state's attorney's office. 
     I spo...
Girard                        