RedactedNarrative: On May 29, 2022 at approximately 5:20 pm, Agents of the Louisiana Department of Wildlife and Fisheries Enforcement Division, were notified of a possible boat accident. SA received word from the public at the Ben Routh area of the Red River in Avoyelles parish, that a subject was struck by a vessel while tubing. SA immediately contacted the Avoyelles Parish Sheriff’s Office. The Sheriff's Department advised that they received two 911 calls at 4:25 pm from a male and female advising that a subject was struck by a vessel's propeller and was transported to the Avoyelles Hospital Emergency Room in Marksville by a Subject3. 
  
       Upon our arrival to the Avoyelles Hospital (4231 LA Hwy 1192, Marksville, LA) at approximately 5:40pm. I made contact with a white female. Subject1 stated that the injured was her fiancé and she was present during the incident. Subject1 stated the she was thrown from the tube and the vessel continued down river with Victim still on. Subject1 advised that she could not observe the incident and did not know how he was struck. Subject2 was not present at that hospital at that time nor was Subject3. 
  
       Operator stated he was the operator. At that time, medical staff advised that Victim was stable but, suffered from severe lacerations from the waist down with some minor cuts above the waist. Victim was to be transported to the Rapides Regional Medical Center in Alexandria, LA. Operator verbally stated at that time, that he and Subject2 was inside of his registered 17’ Triton pulling Subject1 and Victim in a towable tube on the Red River. 
  
  Operator described that he was pulling both south on the river in front of the Ben Routh launch when Subject1 fell off the tube. Operator stated that Victim then fell over and he circled back to retrieve him. Operator described that he was approaching Victim in the water who was now on his starboard bow and hanging on the side of the tube. Operator stated that he hollered at Victim to let go of the tube but he did not and stated, “before I knew what had happened and let off the throttle it was too late and we went over”. Operator then advised that they pulled Victim from the water, recovered Subject1, and proceeded to the landing. Once at the landing, Subject3 transported Victim to the ER per vehicle and Subject2 took possession of the vessel. 
  
       During this interaction, an odor of an unidentified alcoholic beverage was observed emanating from Operator’s person. I asked Operator if he had consumed any alcoholic beverages today in which he replied “yes”. I then asked Operator if I could perform a few tests on him. Operator at this time agreed to do the tests. I then performed the “Horizontal Gaze Nystagmus” test on his eyes. During this test, I was able to observe Lack of Smooth Pursuit.  I advised Operator that we needed to perform some more tests. These tests were conducted in the parking lot with a hard/level flat ground. I asked Operator if he had any medical problems with his feet, ankles, knees or legs. He stated, “No.” I asked him if he could walk and stand for short periods ok. He replied, “Yes.” The first test I explained and demonstrated was the “Walk and Turn.”  I asked Operator if he understood the test and he replied “Yes.”  I then observed as he attempted to perform the test in which he exhibited 4 out of 8 clues. The next test I explained and demonstrated was the “One Leg Stand.” I asked him if he understood this test and again he replied, “Yes.” I then observed as he attempted to perform this test in which exhibited 1 out of 4 clues.
  
  	After the tests, we again spoke about the accident. I asked Operator to explain again how the accident occurred and Operator provided a similar statement. He again stated that he had turned around to pick up Victim who was in the water and hanging onto the side of the tube. Operator described they were facing the beach on the east bank in mouth of the oxbow by the launch and Victim and the tube was in front on the starboard side of the boat. Operator this time added that a “yellow” ski boat was coming at him from his left or port side. Operator explained he “panicked” and “jerked” the wheel right (starboard) and into Victim, again stating that he yelled for Victim to let go but it was too late. 
  
  	Based on the observations as well as the accident involving serious bodily injury, I asked Operator if he would voluntarily submit to a breath test for alcohol. Operator agreed to submit a breath sample and at approximately 6:23 pm he was transported to the Marksville Police Department which held a Intox 9000 evidentiary breath test machine.  After observing Operator for approximately 15 minutes, he attempted to provide a sample at 6:42 pm. The results were Interferent Detected. I then requested that he voluntarily allow a blood draw for chemical testing. Operator voluntarily complied and signed a voluntary consent form. At approximately 7:15 pm, approximately 3 hours after incident, two vials of whole blood taken by Hospital staff and sealed in a Biological Specimen Kit. 
  
  	Later that evening, SA and I went to the residence of Operator to document the vessel. It was noted that four type three PFDs were observed in the vessel at that time and the kill switch lanyard was attached the vessel key in the in the ignition. No type IV throw able PFD was observed.
  
           On 5-30-2022, SA made contact with Victim at the Rapides Regional Medical Center in Alexandria. Victim provided a written statement that Operator was operating while he and Subject1 were on the tube. Victim states that Subject1 was thrown from the tube and he remained on. Victim describes that as Operator turned around to retrieve Subject1, the tube was slung around in front of the vessel and struck the front of the vessel knocking him off and he was sucked under the vessel. 
  
  SA2 also made contact with Operator this day. Operator also provided a written statement. Operator’s statement altered slightly from his original verbal statement. Operator’s statement advised that Subject1 fell off the tube and he continued to make circles around Subject1 to protect her from other traffic. While doing this, Victim fell off. Operator’s statement advised that he went to recover Victim first and upon approaching, Victim was on his starboard side holding onto the rope. As he approached, another vessel was coming from the left (port) towards Victim, which caused Operator to “speed up to cut them off”. The other unknown vessel turned away causing a wake which pushed his vessel overtop of Victim.  
  
  The Biological Specimen Kit of Operator was submitted via mail to the Louisiana State Police Crime Lab in Baton Rouge for blood alcohol and toxicology analysis. On June 8, 2022 I received a report from the LSP Lab indicating a BAC result was available. LSP Lab reported that the blood submitted resulted in a .039g%BAC with a + or - .03g%. On June 22, 2022 I received a report from the LSP Lab indicating no drugs were found in the blood upon toxicology. 
  
         On July 4, 2022 based on the evidence and testimony of the witnesses, Operator was issued a criminal citation for LA RS 14:99 Reckless Operation of a motor vessel and a civil citation for violating LA RS 34:851.11 Overloading a vessel. Operators factory capacity plate showed the rating was for 4 persons. Based on investigation, Operator had three passengers and was pulling two passengers on the tube making a total of 5 passengers.
  