RedactedNarrative: During the course of the investigation, it was determined that the 42 foot vessel Andiamo with US Coast Guard Documentation Number 1025198, was chartered from C&C Charters by Subject3.  There were two older white females on board and the vessel was adrift with moderate winds from the north/northwest direction.  The water temperature was in the upper 40's and the waves were about 2-3 feet in height.  I spoke with one of the ladies and she told me the victim was wearing blue jeans and a blue plaid shirt.  I told her to set the anchor on her boat if she could before it ran aground.  I asked her if she could give me a location at the time the victim went overboard. She pointed toward the middle of Chester River south of where we were at the time.  I told her I would begin my search and get back with her later.  
    They stated that Subject1 was sitting in a chair on the port side of the salon and Subject2 was standing next to her. Subject2 told me that Subject3 was standing at the helm on the starboard side and went to take a step through the pilot house door and fell through an open gate on the safety rail as a wave hit the boat. 
     During the course of my inspection, Subject4 told me that he instructed Subject3 on the proper use of the safety gates and they must be closed when the vessel was underway. I observed that both of the safety gates on the port and starboard side were in the open position.  I closed and locked the gate on the starboard side and found that appeared to function as designed. I photographed the gate in the open, partially closed and the closed and locked positions. Also, during the course of the inspection, I determined the Andiamo had all of the required safety equipment for a 42 foot vessel. Included in that equipment, I observed two TYPE I personal flotation devices and three TYPE II flotation devices. Additionally, I found six TYPE IV throwable flotation devices. None of the Coast Guard approved flotation devices had been utilized when Subject3 went overboard or during subsequent rescue attempts. Subject2 did state that three fenders and a seat cushion (non-Coast Guard approved) were thrown towards Subject3 in attempt to rescue him.
     Subject2 stated that Subject3 was a good swimmer and they made several attempts to maneuver the vessel to help Subject3 but they were unfamiliar with the vessel’s operation. The sisters also stated that they had anchored out overnight and had gotten up before sunrise because they thought the anchor was dragging. Subject2 stated that they had checked the wea…