RedactedNarrative: On 5/28/2015 at approximately 15:37 pm, operator was operating a pontoon style vessel. Observer was on board as an observer. Tuber1 and tuber2 were occupants being towed on a tube behind the pontoon. It was calm waters and overcast. Tuber2 and tuber1 were tossed from the tube and resurfaced. They were able to tread water while waiting for the vessel to return to pick them up. Tuber2 and tuber1 were not wearing pfd's on the tube. It was reported that the pontoon return within 15 yards and both tuber1 and tuber2 began to swim toward the tube. 
   
  Tuber1 made it to the tube and pulled himself up on it. Tuber2 submerged before making it to the tube. Both observer and tuber1 reentered the water without pfd's attempting to locate tuber2. When i arrived on scene, tuber1 and observer were in the water holding onto orange type 2 pfds and operator was operating the pontoon.  I instructed operator five times to put the throttle into neutral so that tuber1 and observer could board. Tuber1 and observer boarded the pontoon and cicero pd officer took control of the pontoon. 
   
  Operator was given sfst's at the ramp. Operator failed hgn and palm pat tests.  Operator's pbt result was .065%.   Operator was taken for a blood draw which was delivered to the indiana state department of toxicology lab for drug and alcohol screening. There were a sufficient number of pfd's and a type 4 pfd on board the pontoon; however, they were not utilized.  
   
  Tuber2's body was located in approximately 11 feet of water by noblesville fire department divers.  An autopsy of tuber2's body indicated the cause of death was asphyxia due to drowning.  Bwi charges are being filed with the hamilton county prosecutor's office due to the toxicology report indicating the presence of thc (4.3 ng/ml) accompanied by the presence of ethanol alcohol (0.03 g/%) in operator's blood.  Other charges being filed on operator include possession of marijuana and refusal to submit to a chemical test.
   