BASED ON WITNESS STATEMENTS AND INFORMATION TO DATE:   On 07/04/2010 at approximately 21:54 Vessel 2 was travelling south on the TN River Channel of Watts Bar Lake.  He was travelling at 3800 RPM (approximately 28 mph) when he noticed a boat in front of him that didnt have navigational lights displayed.  That boat, a 26' Leisure pontoon (Vessel 1)  was anchored watching the fireworks, and operator2 was sitting at the helm.  The position of vessel 1 was just north, and across the channel from Marny Bluff and TN River Mile 565 and flashing red daymark.  When Operator2 noticed the boat he made a hard turn to the right, but couldn't avoid the collision.  The port side of Vessel 2 struck the port side pontoon of Vessel 1 and bent it inward.  The impact also gouged the hull of Vessel 2 causing scuff, and tear marks that were completely pass through in some parts of the damage.  The damage to the side of Vessel 1 was estimated to be approximately 6 ft. in length.  After the impact Operator2 turned around and went back to where vessel 1 was, and said that vessel 1 had it's lights on after he returned.  According to Operator2's statement, the occupant's of vessel 1 said that their battery was dead, and would he mind to tow them back in.  He also stated that the occupants of vessel 1 didnt immediately notify him that they had someone injured aboard their vessel, and that they told him of the injury once he had started towing them back toward Caney Creek Marina.  

According to statements from the occupants of vessel 1, they were sitting anchored watching the Kingston fireworks.  They were having trouble out of one of the two batteries aboard the vessel, and subject was trying to adjust/tighten the battery cables when the impact occurred.  All of the occupants aboard vessel 1 stood up and started yelling at vessel 2 trying to get his attention, but braced for impact when they realized that he wasn't going to stop.  I asked operator1 if they had any lights on at the at the time of impact, and she stated that if they were on, that they were very dim.  an occupant aboard vessel 1 stated that the battery was dead, and they had no lights.  When law enforcement arrived, and located the vessels at approximately 22:30, we noticed that victim was lying in-between the front seats of vessel 1 complaining of back and neck pain.  Officers secured vessel 1 and helped with stabilizing the injured occupant.  

Vessel 2 was drifting just ahead of vessel 1 at the time, and Officers noticed another vessel pull alongside vessel 2 and start speaking with Operator2.  They told the occupants of that vessel to move along.  I had gone to Caney Creek Marina to pick up paparamedics due to vessel 1's batteries being dead, and the vessel not starting.  After returning to their location we were able to secure victim to a backboard with the help of the paramedics and the occupants aboard vessel 1.  She was then placed on the bow of my boat, and transported back to Caney Creek Marina where an ambulance was waiting to transport her to Roane Medical Center.  Officer operated vessel 2 back to Caney Creeek Marina, and Officer towed vessel 1 back to the Marina as well.  Officer conducted field sobriety tests on Operator2 after smelling a strong odor of alcoholic beverages on him.  Operator2 performed poorly on the standardized field sobriety tests administered to him, and Officer placed him under arrest for Boating Under the Influence.  Operator2 was taken to Roane Medical Center where a blood sample was taken, and then transported to Roane County  jail.  Operator2's BAC results came back as inconclusive from the Tennessee Bureau of Investigation's forensic criminal laboratory.  Later, while I was taking photograph's of the vessel…

KINGSTON                      