SYNOPSIS

PWC owned by subject1 was borrowed by Subject2. Subject2 and Subject3 (father of victim) allowed Victim (victim) to operate the PWC alone after being instructed on how to operate it by Subject4. Leading to a fatal vessel collision with the shore.

NARRATIVE

At Approximately 1446 hours on July 22nd, 2023, Officer and I responded to a call out on the water involving a child being struck by a PWC. At 1453 hours Officer1 and I were on our patrol boat headed to Black Bluffs at the north end of the lake. On our way to Black Bluffs, we noticed a boat traveling at a high rate of speed waving us down heading west to the Rock Canyon Boat Ramp. Upon arrival at the boat ramp, we observed a child by the name of Victim receiving CPR from his father Subject3. Sierra Vista EMS were at the boat ramp and transported the victim to Sierra Vista Hospital.

Ranger and I then went to the coordinates provided by dispatch to investigate the scene of the incident. Upon arrival we saw a PWC (Vessel A) that had been beached on top of a rock fixture. Vessel A had significant damage to the fiberglass bow and hull extending from the handlebars, around the bow and underneath the hull. 

The rub rail on the bow of vessel A was detached from the bow and hanging on by a fastener on the portside. We observed a crack on the starboard side of vessel A underneath the handlebars that looked to be caused by a direct impact to the front of vessel A. We noticed there was fiberglass and rubber transfer on the south side of the rock fixture, and fiberglass transfer on top of the rock fixture. Pieces of the fiberglass hull were found in areas as far as 15 ft away from what appeared to be the point of impact. 

The rock fixture at the apparent point of impact had black and white transfer marks indicating an upward direction of travel. Photos were taken of the scene. After our investigation at the scene, we took Vessel A in tow back to Rock Canyon Boat Ramp. While we headed to the ramp, we called Subject2, who was borrowing the PWC involved in the accident from owner. We asked Subject2 to meet us with the PWC trailer at Rock Canyon Boat Ramp to load the PWC and take it back to our office for further investigation.

I interviewed him over the phone on July 24th 2023, at 1334 hours. He operated the boat that the victim and his family were riding in prior to the collision. He was a witness to the accident and stated that the victim was traveling at around 48 mph, the top speed of vessel A when it made direct contact with the rock fixture. 

The victim then impacted the handlebars of vessel A, and then the victim impacted the rock fixture. Subject2 said that he and Subject3 (victim’s father) agreed to let the victim operate vessel A alone after riding it with a few members of their party earlier. Subject2 knew Subject3 through a mutual friend named Subject4. This interview was recorded.


On July 27th, 2023, I had an interview over the phone with Subject4. Subject4 was on the boat owned by Subject2 during the time of the incident. Subject4 stated he had been riding with the victim prior to the victim operating the PWC by himself. Subject4 showed the victim how vessel A maneuvers. Subject4 had seen the victim operating vessel A when it had crashed into the rock fixture. He stated the victim left Subject2’s boat on vessel A and went straight for the rocks. Subject4 believes the victim may have been traveling 25-30 mph when he impacted the rock fixture. Subject4 and Subject3 got on a second PWC after the collision to assist the victim but were dead in the water because of no key in the second PWC. 

Subject2 took his boat to the collision site to assist the victim. Subject4 stated it was ten to twelve minutes before subject2’s boat came back and picked up Subject3. Subject4 was left to look after the second PWC. Subject4 stated Subject3, the father who performed CPR while heading to the Rock Canyon boat ramp, is a radiologist. 


On July 24, 2023, Ranger and I examined vessel A on the trailer at the Elephant Butte Lake State Park Boating Shop. We tested the throttle trigger and it functioned properly. We tested the handlebars for nozzle control, and it functioned properly. Vessel A was photographed. We noted significant crushing damage and gouges to the hull of Vessel A that extended from the bow to under the hull even with the handlebars. The top cap was also crushed and torn in several places almost even with the handlebars. The direction of the scratches and gouges to the black hull were consistent with an upward direction of travel after the initial impact. The damage to vessel A was consistent with a PWC striking a solid surface and ramping over it.

Based on the evidence I observed and the statements of the witnesses, the following chain of events lead to this collision and injury. The victim was given permission to operate vessel A by himself. Once on vessel A, the victim headed towards the shoreline of Black Bluff. Vessel A and the victim impacted a near vertical rock fixture on the shoreline. Vessel A was traveling at a high rate of speed. The impact of the victim with vessel A and then the rocks could have caused his fatal injuries. 

On July 27th 0914 hours I confirmed with UNM Office of the Medical Investigator that the victim passed away at 0509 hours on July 25th 2023 from blunt force trauma. OMI Case # 2023-05375.

Elephant Butte Lake
Elephant Butte                