On thursday may 17, 2012, at around 11:00am, operator and victim were fishing from operator's boat in badin lake in the palmerville area.  At this time operator stated they decided to move from one location to another.  Victim was sitting on the floor in the passenger area to the left of the operator due to the vessel not having a seat in this location.  Operator stated that he had his right knee on the operator's seat and his left knee on the floor.  He stated this is how he usually operates the vessel.  He also stated he was operating the vessel by grabbing the steering wheel with his left hand only.  After the vessel was on plane, he stated something was between his glasses and his left eye.  He stated that he let go of the steering wheel and with his left hand he grabbed his glasses and pulled them down.  He then stated that the vessel turned sharply to the left and he was unable to grab the steering wheel with his right hand.  This was the time when he heard the motor make a loud noise and the vessel collided with the shoreline.

Note:  during my interview with operator on 5/19/12 while at his residence, he stated he had grabbed the steering wheel with his right hand first, then let go of the wheel with his left hand and pulled his glasses down using his left hand.  He had initially stated to lieutenant in a very specific and clear manner that he had let go of the wheel with his left hand and did not have the opportunity to grab it with his right due to the boat making the sudden  left turn.

Once the vessel made impact with the embankment, the operator was thrown against the passenger side console, striking it with his left shoulder and then cartwheeling over and onto the front of the vessel.  The passenger was ejected over the left side landing face down partially on the rocks and in the water.  Due to the final resting position of the passenger, the vessel ran over the passenger and the propeller then made contact with the passenger's right shoulder, then traveled down his back.  Due to the injury to the lower back, it appeared that the front of the vessel, during impact, went upwards which caused the propeller to go lower causing more tissue damage which caused the body to twist to the right.  The propeller continued to make contact to the upper left thigh.

It was determined that alcohol was not a factor in this incident.  The vessel was equipped with all of the proper safety equipment.  Life jackets were on board but were not being work by either occupant of the vessel.  I found the equipment and machinery of the vessel to be in proper working order.
BADIN                         