RedactedNarrative: On 06/3/2017, VDGIF Dispatch received a report of a boat accident with injury on the James River in Henrico County at approximately 2230 hrs.  
  
  Operator2 stated that he was hit by a unoccupied personal watercraft (PWC) being towed in by a motor boat with VA registration 1269 AX at approximately 1915 hrs.  Operator2 stated that the PWC struck him in the right shoulder after being pushed by the wake of the motorboat that was towing it.   
  
  Officer interviewed the victim at his residence two days later and she provided the following statement: “On 6/5/17 I interviewed Operator2 at his residence. Operator2 was involved in a boat incident near Dutch Gap Landing in Chesterfield, VA on 6/3/17. Operator2 went to the Portsmouth Naval Medical Center the morning of 6/4/17 and received care beyond first aid. Operator2 stated that he was fishing from his anchored kayak across from Dutch Gap Landing on 6/3/17. He had a personal flotation device (PFD) on board but was not wearing it. He was anchored parallel to the shore approximately 15 feet from the shore and in approximately 40 feet of water. At approximately 1920, a black deep V-hull vessel approximately 16-18 feet in length approached him towing a personal watercraft (PWC) off its starboard side. Operator2 stated there was 6 people on board and estimates the operator was in his mid-30s, with blonde or brown hair, approximately 225-250 pounds, and was shirtless. Operator2 estimated that the tow line was approximately 8 feet long. Operator2 stated that the vessel was coming towards him with the “bow up” and pushing a lot of wake. Operator2 started waving and yelling at the vessel to make them aware of his location. When the vessel was approximately 10 feet away it turned slightly to its port side and was 4-5 feet away from Operator2 as it passed. The in-tow PWC swung to the right and struck Operator2 on his starboard side. Operator2 stated that he could hear the occupants in the vessel laughing as they drove away. 
  
  The vessel went to Dutch Gap Landing, loaded the PWC onto a trailer, and the occupants got back on the vessel and left. Operator2 stated that he heard them laughing again as they passed him again after leaving the landing. The PWC left scratches and a small dent on the starboard side of the kayak and struck Operator2 on his right upper body. The kayak was swamped with water, but did not overturn. 
  
  Operator2 was able to retrieve his anchor, maneuver back to Dutch Gap, and was able to load his kayak with assistance from others. He then notified Chesterfield Police who informed to contact Virginia Department of Game and Inland Fisheries about the incident, which he did. He stayed at Dutch Gap Landing until approximately 2030-2100 and eventually spoke on the phone with Sergeant about the incident.  
  
  On the morning of 6/4/17, Operator2 went to the Portsmouth Naval Medical Center in Portsmouth, Virginia to be medically cleared to resume his current naval duties. Operator2 had 8 X-rays taken of his right collarbone, right chest, and right upper arm. He was diagnosed with deep tissue bruising to the right side of his sternum, right side of his rib cage, right collarbone, and right upper arm. He was prescribed the pain medication, Flexonal, for pain management. Operator2 is currently not medically cleared to resume his normal duties and is on modified status. He has a follow up appointment at Portsmouth Naval Medical Center on 6/12/17.” I took photographs to document the damage to Operator2’s kayak. I noted a small dent in the middle of the starboard side about halfway down the length of the kayak. I also noted several fresh scratches extending several feet from the area of the dent towards the bow of the kayak.  Operator2 provided a written statement to the events of the incident. He typed the statement as he was unable to write at this time. He also provided a diagram drawing depicting where he was anchored, the direction the other vessel was heading, and his surroundings. 
  
  On 6/8/2017, I spoke to the registered owner of the motorboat.  Operator1 said that he was towing a broken down PWC from the gravel pit back to Dutch Gap boat landing.  He said there was a lot of boat traffic around the Dutch Gap landing and he was focused on staying away from that traffic.  Operator1 said he did not see the Operator2 in the kayak until he got very close, at which time he turned to avoid him.  Operator1 said that the disabled PWC was on a short (approx. 8 ft tow line) and as he turned it went off of his boat’s wake and came very close to Operator2 and his kayak.  
  
  Operator1 said he estimated it was about 5 feet from the kayak but definitely did not hit the kayak or Operator2.  Operator1 said if the PWC had hit him it would have knocked Operator2 out of the kayak.  Operator1 said that he felt bad for throwing a wake on Operator2 and yelled out to apologize.  Operator2 said that the owners of the PWC were on his boat but he did not know their names.  He said that his wife and his friends were also passengers on his boat.  Operator1 provide me with contact information for those passengers. 
  
  I spoke to subject1 on 06/09/2017.  She confirmed that Operator1’s boat was towing in a distressed PWC and that due to oncoming boat traffic near Dutch Gap, they passed the kayak with little clearance, but there was no collision.  She estimated that the towed PWC came within the width of a car of Operator2, or about 5-6 feet.   
  
  I spoke to her husband on 6/23/17.  His account of the events matched his wife’s and Operator1’s.  He said that Operator1 had to avoid a boat coming down river while they were traveling upriver near Dutch Gap and the towed PWC came within 3-4 feet of Operator2 and his kayak but there was no collision and Operator2 was only splashed.     
  
   Operator2 insists that he was indeed hit by the PWC and forwarded me his medical correspondence from his doctor’s visit. 
  
   It is my opinion that that Operator2 was hit by the towed PWC, and that Operator1 and the passengers of the motorboat did not think there was a collision, partly because Operator2 did not fall out of the kayak and because of their viewing angle.  I discussed the case with an assistant Henrico County Commonwealth’s Attorney who recommended a reckless operation of a motorboat charge.