RedactedNarrative: On august 5, 2017, Operator2 and subject went to a shop to work on the pwc that Operator2 would be operating later that day.  During this time at the shop, both Operator2 and subject consumed alcohol- operator2 had 2 shots of vodka while at subject’ shop.  
  
  Around 2:30pm, Operator2 and subject launched 2 pwcs from stumpy creek boar ramp.  The pair along with other members of their group who were in a pontoon boat went to a beach area off an island to hang out within stumpy creek.  A short time after getting to the island, multiple members of the boating party, including Operator2, returned to the area around stumpy creek boat ramp to pick up additional people.  The group then returned to another beach on an island near the mouth of stumpy creek.  
  
  Separate from Operator2 and subject, operator1 and his group launch at least 1 pwc from stompy creek boat ramp.  The 2 men knew each other through a mutual family member.  Over the course of the next hour or so, the 2 men operate the pwcs in somewhat of a pair around portions of the lake.  Sometime after meeting, Operator1 consumes 2 shots of fireball whisky from a cooler on a pontoon boat anchored at an island.  Around 6:00pm, officers observe the 2 pwcs operating in close proximity to one another near an island at the mouth of stumpy creek.  When later asked about his observations, sgt stated that they were not close enough where the 2 were committing a violation, but he felt that they were behaving recklessly.  
  
  Around 7:00pm, both groups headed back to stumpy creek boat ramp to retrieve their vessels and depart from the lake.  As both Operator2 and Operator1 were entering the boat ramp area, they were operating near to one another, operating in tight circles in close proximity to one another, spraying one another while being very close to the boat ramp and shore line (as observed by 2 witnesses, one who stated “they were acting like fools, they were acting like morons”).  
  
  Operator2 admitted to engaging in horseplay like behavior with Operator1 while being near the boat ramp area.  After operating in this manner for an unknown period, the two pwcs came to rest approximately 100 feet apart.  Operator1 was located at the mouth of the small cove that led to the boat ramp dock facing north, while Operator2 was located to Operator1’s 11:00 position facing southeast.  Operator1 yelled to Operator2 “want to hit it one more time”, prompting them to take off at half to full throttle.  Both pwcs continued in the same direction from their initial starting position.  As the 2 pwcs neared a head-on collision, Operator1 turned hard to the left at the last second.  
  
  Operator1’s pwc ramped over Operator2’s pwc at approximately a 20 degree angle.  As a result, Operator2 was struck by the bow of Operator1’s pwc causing him to sustain multiple injuries to his shoulder, neck and head.  I believe that the collision occurred approximately 80 feet from the rock embanked point at the water line of the boat ramp area, and approximately 150 feet from the end of the boat ramp dock.  Operator2’s body was ejected from the pwc during the collision.  Bystanders immediately waded into waist deep water to retrieve Operator2.  Cpr was performed until iredell county ems arrived at 7:21pm.
  
  Injuries sustained by Operator2 were concussion, broken right jaw, two fractured neck vertebraes on right side, slit on tongue on the right side, bruised right shoulder on the front side.
  
  Damage to Operator1’s pwc included: fiberglass fracture webbing on the front right portion of the bow, approximately 3-5 inches below the black rub rail.  Blue striation marks running front to back approximately 8-12 inches to the right from the bottom centerline of the vessel.  These marks were 1-2 feet from the bow of the pwc.
  
  Damage to Operator2’s pwc included:  an approximately 14-16 inch separation gap in the fiberglass running horizontal in the center of the pwc approximately 3-5 inches below the black rub rail on the left side portion.  I note that this damage appeared to have a bondo type material covering it indicating that this was a preexisting damage.  I noted that to the owner, and he stated that he remembered the bondo on the side of the pwc, but the crack was not present prior to the collision.  The pwc had a 14-16 inch crack in the fiberglass on the top portion of the bow that ran front to back approximately 8-10 inches from center to the right.  Behind the bow of the pwc was a blue plastic piece that separated the bow from the helm.  In the center of this blue piece is the gas cap.  Damage to this section included scuff marks that were approximately 8 inches right of center and a partially broken gas cap on the right bottom side.  The handle bars had been bent down towards the right side of the pwc as is evident by the separation gap where the handle bars meet the helm.  On the plastic portion on the right side of the handle bars, there was a blue transfer marks that ran front to back.
  
  Assessment of damage
  Based on the damage alone, it appears that Operator1’s pwc ramped over Operator2’s pwc.  It appears that Operator1’s pwc went over Operator2’s pwc from a head-on angle of 20 degrees on a 360 degree scale.  In other words, if Operator2’s pwc was operating in a straight line in the center of a clock facing the 12:00 position, Operator1’s pwc approached head on from the 1:00 position.
  
  Alcohol impairment
  Operator1:  i detected a mild odor of alcohol coming from his breath and he admitted to consuming 2 shots of fireball whisky.  I spent the better part of 10 minutes with him on the day of question and I did not observe any sign of appreciable impairment.
  
  Operator2:  admitted to officer and he that he had consumed 2 shots of vodka earlier in the day.  Two witnesses who were rendering aid to him stated that Operator2 admitted that he had been consuming alcohol and had the odor of alcohol coming from his breath.  After a subpoena was signed by a judge to release Operator2’s medical records from cmc hospital, he was found to have a bac of .08.  On 8/25/17, i informed Operator2 that we had obtained his medical records from when he was admitted to cmc, which showed his bac.  I asked him what he thought his bac was at the hospital hours after the collision.  He stated “legally, probably .08”.
  
  Directive from ada reference charges:
  Operator1- Reckless/negligent operation of a motorboat
  No boating safety certification
  
  Operator2- Dwi – motorboat
  Reckless/negligent operation of a motorboat
  No boating safety certification
  