VESSEL 1 WAS A 10' BOMBARDIER PERS. WATERCRAFT WITH 1 PERSON ON BOARD.  VESSEL 2 WAS A 8' BOMBARDIER PERS. WATERCRAFT WITH 1 PERSON ON BOARD.  ON 5/24/2009 AT APPROX. 1750-1800 HOURS, VESSEL 1 WAS BEING OPERATED JUST OUTSIDE THE FLAT WAKE AREA OF THE COVE OPERATOR; BY HIS OWN ACCOUNT STATED HE WAS AN EXPERIENCED PWC OPERATOR.  VESSEL 2 WAS ALSO OPERATING JUST OUTSIDE OF THE FLAT WAKE AREA OF THE COVE.  BOAT TRAFFIC WAS LOW, THE WIND WAS MODERATE.  VISIBILITY WAS EXCELLENT AND IT WAS DAYLIGHT HOURS.  THE WAVE ACTION WAS CHOPPY.  THE TWO INDIVIDUALS HAD KNOWN EACH OTHER FOR YEARS AND WERE CONSIDERED BY ALL ACCOUNTS TO BE CLOSE PERSONAL FRIENDS.  BOTH INDIVIDUALS HAD CONSUMED ALCOHOLIC BEVERAGES THAT DAY AND BOTH HAD BAC LEVELS ABOVE THE LEGAL LIMIT WHEN TESTED, OPERATOR 2 IN A POST MORTEM BLOOD DRAW AT A BAC OF .09 AND OPERATOR 1 AT A BAC OF .112 AT 2018 HOURS ON AN EVIDENTIARY BLOOD DRAW, A BAC OF 0.950 AT 2120.  OPERATOR 1 WAS TRAVELING AT A RATE OF SPEED SUFFICIENT TO OPERATE ON PLANE AND PRESUMED TO BE AT LEAST 15 MPH.  OPERATOR 2 WAS TRAVELING AT OR BELOW THE SAME SPEED AS OPERATOR 1.  THE BOW OF VESSEL 1 STRUCK THE PORT STEERING CONSOLE AREA OF VESSEL 2 AT A 335 DEGREE ANGLE, RAMPING UPWARD, STRIKING OPERATOR 2 IN THE LOWER LEFT RIBCAGE, CAUSING SEVERE BLUNT TRAUMA/INTERNAL HEMORRHAGING, EJECTING OPERATOR 2 FROM THE VESSEL HE WAS OPERATING.  THE FORWARD ACTION OF VESSEL 2 AND THE ANGLE AT WHICH VESSEL 1 STRUCK VESSEL 2, CAUSED VESSEL 1 TO GO UP AND LAND BEHIND VESSEL 2.  VESSEL 2 ROTATED OFF THROTTLE IN A CLOCKWISE DIRECTION TO STARBOARD.  OPERATOR 2 WAS INITIALLY RETRIEVED FROM THE WATER BY WITNESS 1 WHO WITNESSED THE INCIDENT FROM A DISTANCE OF ABOUT 300 FEET OR LESS.  OPERATOR 1 ENDED UP IN THE WATER, BY WITNESS ACOUNTS, AND CALLED FOR HELP FOR HIS FRIEND.  WITNESS 1 STATED THAT OPERATOR 2 COMPLAINED OF CHEST PAIN.  WITNESS 1 ALONG WITH ANOTHER INDIVIDUAL TRANSPORTED OPERATOR 2 TO SHORE WHERE HE LATER DIED OF HIS INJURIES AFTER FIRST RESPONDER ATTEMPTS AT MEDICAL SUPPORT.  OPERATOR 1 BY HIS OWN ADMISSION WAS NOT MAINTAINING PROPER LOOKOUT, IN VIOLATION OF 488.540 RULES OF THE ROAD, INLAND NAVIGATIONAL RULES #5.  THE WEATHER WAS CLEAR AND THERE WAS UNOBSTRUCTED VISION IN ALL DIRECTIONS.  OPERATOR 1 ON THE PORT SIDE OF OPERATOR 2 ALSO HAD AN OBLIGATION TO FOLLOW THE CROSSING OR HEAD ON SITUATION WITH OPERATOR 2 AND TURN TO STARBOARD AS OPERATOR 1 WAS THE GIVE WAY VESSEL, NRS 488.540 RULES OF THE ROAD, INLAND NAVIGATIONAL RULES #16 ACTIONS OF GIVE WAY VESSEL.  OPERATOR 1 ALSO HAD AN OBLIGATION TO AVOID COLLISION, RULE #8, INLAND NAVIGATIONAL RULES, NRS 488.540.  OPERATOR 1 DID NOT COME OFF THROTTLE BY HIS OWN ADMISSION, INCREASING THE IMPACT DAMAGE TO OPERATOR 2.  OPERATOR 1 WAS CONTACTED BY GAME WARDEN AND FOUND TO BE IMPAIRED AFTER A SERIES OF FIELD SOBRIETY TESTS.  OPERATOR 1 WAS ARRESTED AND BOOKED INTO CCDC.  ESTIMATE DAMAGE DONE TO VESSEL 1 $700.00 BOLT TO SECURE HATCH MISSING, SOME RUBRAIL DAMAGE - PORT BOW.  ESTIMATE DAMAGE DONE TO VESSEL 2 $1500.00 GOUGES/IMPACT DAMAGE TO PORTSIDE OF STERRING COLUMN, SEAT AREA, PORT MIDSHIPS GUN DAMAGE.  PORT RUBRAIL DAMAGE.
COTTONWOOD COVE               