RedactedNarrative: Operator were head out of the mouth of the Merrimack River when he encountered waves about 6 feet high and after driving over 3 or 4 waves began to take on water over the bow and the engine stalled.  
  
  Operator told all his passengers to put on life jackets.  He grabbed the bow line and then jumped onto his friend's PWC that was accompanying them to try to tow the vessel up the river.  
  
  When he determined that it was too late to save vessel he jumped back onto the boat and then it capsized.  
  
  All 10 passengers went into the water.  The operator of the PWC called 911 and all parties were rescued with no injuries.  Vessel had a capacity of 8 persons.  There was alcohol on board.  The operator had purchased enough PFD's for the amount of people on board therefore he knowingly overloaded his vessel and operated in a dangerous sea state.  He was criminally charged with negligent operation of a vessel.