On Monday April 29 2013, I Officer responded to a boating accident that was reported on South Holston River.  Upon arrival I found that Sgt. had arrived at the scene and picked up Operator and Occupant in the area of 1300 Bullock Hollow Road.  Both Operator and occupant were ejected from the vessel, (2005 14''00” Tracker Grizzly 1448, TN 2540, Hull ID# BUJ61678A505), when it capsized.  Sgt. and I returned to Bluff City Boat Ramp where Operator''s truck and trailer were parked.  Upon arrival Sgt. and I gathered statements from Operator and Occupant about the accident.  Operator stated that he was floating downstream with the bow on the boat facing upstream.  Operator stated that the stern of the boat struck the tree partially submerged in the water.  When the stern struck the tree, the bow of the boat turned to the right (starboard) causing the boat to capsize and eject both Operator and Occupant from the boat.
  
On April 30 2013, Officer and I met with Operator to find the exact location where and how the accident took place.  The accident happened 0.49 miles upriver from where the boat came to rest upside down in the river.  Operator and Occupant floated down river approximately 0.28 miles before making it to shore and climbing out of the water after the boat capsized.
    
Occupant had a minor cut and contusion just below her left knee and a partially torn off toe nail on her left foot with some minor cuts on her left foot.  Occupant also had minor cuts on the top and bottom of her right foot.  
Operator stated that he had soreness in the back of his neck.  Both individuals refused any treatment beyond first aid.

I talked with ADA Sullivan Couny Justice Center about possible charges against Operator for improper lookout.  ADA came to the conclusion to not press charges against Operator after hearing the case facts.
BLUFF CITY