On 8-11-23 Operator, Passenger 1 and Injured were out on Perry Lake in Operator 1’s 1994 18’ Sea Ray boat.  Operator 1 was driving the boat and Passenger 1 was in the passenger seat to the left of Operator and Injured was in the front left seat of the boat which was in front of Passenger 1.  At approximately 2230 hrs Operator 1 was driving into the entrance of Perry Marina when the boat struck a floating breakwater.  The floating breakwater was located approximately 100 yards inside the no wake zone at the entrance of the marina.  The boat struck the floating breakwater hard enough to send Injured into the air and out of the boat and onto the bloating breakwater.  Injured ended up getting a laceration to the back of his head which required 4 staples to close it up as well as a concussion.  Injured also sustained bruises and scrapes to his upper back and right shin.  The boat sustained extensive damage to the bow of the boat and well and other locations of the boats hull on the port and starboard side.  In total there was approximately $15,000.00 in damage to the boat. The floating breakwater had an estimated $500.00 in damages. Two other boats were also in the same no wake area at Perry Marina and witnessed the collision.  Witness 4 and Witness 5 saw the accident happen and pulled up to the breakwater and loaded Injured onto their boat and took Injured to C Dock at the marina to get checked out.  C Dock is located to the right or west of the accident location. Witness 4 said the boat that struck the floating breakwater was going at least 30 MPH when it hit and the front passenger was thrown up in the air and out of the boat.  Witness 4 said the driver of the boat that hit the breakwater wasn't being very cooperative with the people trying to help them.  The owner and operator of the second boat who saw the collision happen was Witness 1 and Witness 2.  Witness 1 told this officer that the driver of the boat (Operator 1) was operating the boat at approximately 30 to 40 MPH in the no wake area when the boat struck the breakwater.  Witness 1 said the boat nearly stood straight up before going backwards back into the water.  Witness 3 was on J Dock at Perry Marina and heard the collision happen and the yelling afterwards.  Witness 3 then got on his PWC and drove out to help.  Witness 3 told this officer that when he got to the location the driver of the boat that struck the breakwater (Operator 1) said his boat wouldn’t start and needed to be towed.  Witness 3 towed the boat to the courtesy dock at the marinas boat ramp. Witness 3 said the driver of the boat (Operator 1) appeared to be very intoxicated because he was slurring his speech and couldn’t put a sentence together.  Witness 3 also said the boat operator (Operator 1) didn’t know that his second passenger (Injured) was even missing until Witness 4 came over to his (Operator 1) boat and said they have his passenger that was thrown out of his boat. After the incident at approximately 2319 hrs Operator 1, Passenger 1 and Injured came across each other again at High Tide Bar & Grill at Perry Marina.  Injured’s brother came to High Tide and got Injured and took him home where Injured lives with his mom,  Injured's mom.  Injured's mom then took Injured to the Emergency Room at Stormont-Vail Hospital for medical attention.  Injured's mom told this officer that she called Operator 1 at 2345 hrs to find out what was going on.  Injured's mom said Operator 1 was slurring his speech really bad and could hardly talk. Nobody reported this incident to authorities.  This officer found out about the boat accident by word of mouth the next day (8-12-23) at approximately 1300 hrs. In the afternoon of 8-12-23 I met up and talked with Injured at his mom’s house in Topeka.  Injured showed me his injuries and answered my questions.  Injured said Operator 1 was the driver of the boat at the time of the accident.  In the morning of 8-13-23 I met up with and talked to Operator 1.  I looked over the boat and photographed the damage.  Operator 1 answered my questions.  Operator 1 said he was the driver of the boat when the accident happened and said he and Passenger 1 were talking, and he didn’t see the floating breakwater.  Operator 1 also said he didn’t think the boat accident was required to be reported.
Perry Reservoir
Perry                         