On Sunday, August 20, 2023, at approximately 1705 hours this officer, Sgt., was in full utility uniform and on patrol of Deep Creek Lake in Garrett County, Maryland aboard marked NRP patrol vessel 806.  I was dispatched to the South Main Body of the Lake off Shoreline Drive by Garrett Central for a report of a water rescue in progress.  I responded to the location and arrived at approximately 1707 hours.  I was flagged down by the occupants of two vessels - one a white "wakesetter" style vessel and the other a blue Godfrey pontoon boat that bore Maryland registration.  

The operator of the pontoon vessel explained that her ex-husband had fallen off a tube that was being pulled behind the vessel and slipped below the surface of the water.  I requested additional resources and divers from allied emergency services providers, other on duty NRP officers, and the NRP Underwater Operations Team.  I also directed the occupants of the white "wakesetter" vessel to begin a surface search of the immediate area. 

Through questioning of Subject1, I learned the pontoon boat was a rental boat from Funtime Watersports, LLC.  It was a 2023 Godfrey pontoon boat that they had rented for one hour.  The pontoon was originally operated by Subject2 from Funtime Watersports' rental dock into the south main body of the Lake. Subject1’s daughter was then towed behind the vessel on a tube provided by Funtime Watersports.  Subject1 served as the observer for Tuber1. Subject1 then was towed on the rube with Tuber1 serving as her observer.  Next, Subject2 boarded the tube, Subject1 assumed the role of the vessel's operator and Tuber1 served as the observer.  Tuber1 recorded portions of Subject2's time on the tube including when he fell off the tube.  This video was voluntarily shared with me.

The video showed Subject2 on the tube, he was in an upright seated position with his feet forward towards the boat.  He was captured splashing his hands into the water instead of holding onto the tubes' handles.  As the vessel crossed a medium-sized wake, Subject2 rolled backwards with his feet going over his head and he fell off the tube.  Subject1 stated that Subject2 did not know how to swim.  Subject1 stated that Subject2 entered the water at approximately 1645 hours.

As additional units responded to the area and after marking its location on the lake with my vessel's anchor and Type IV personal flotation device (PFD), I towed the pontoon vessel to a nearby dock and secured it.  Further questioning revealed the Subject1 was originally operating the vessel in a northwest direction closer to the Thousand Acres / Shoreline Drive side of the lake.  Subject1 then turned the vessel around in a south-eastern direction.  As Subject1 straightened the vessel out and accelerated to a cruising speed, the vessel crossed the medium-sized wake which caused Subject2 to fall from the tube.  

After she and Tuber1 saw that Subject2 had fallen from the tube, Subject1 turned the boat back around and returned to within 15 to 30 feet of Subject2.  She turned off the engine of the vessel, jumped into the lake through the vessel's side door and swam to Subject2.  She struggled with assisting Subject2 as he was pushing Subject1 under the water.  

Subject2 then stated "I'm giving up", released Subject1, and slipped below the surface of the water.  Subject1 returned to her vessel and began to summon assistance from other vessels in the area.  Subject1 stated that approximately two minutes passed before one of the occupants of the "wakesetter" vessel called 911.  

Subject1 stated that she had consumed one wine cooler earlier in the day at approximately 1240 hours, as the family traveled from their home to the Deep Creek Lake area.  I did not detect any signs of impairment or intoxication from Subject1 and therefore, did not ask her to consent to alcohol testing.

I asked for and received consent to search the rental vessel.  I found fresh blood smears and splatters on the seats of the vessel - one on the port bow and the other on the cushion of the rear port couch.  Blood was also found on one support of the vessel's Bimini top.  This blood is believed to come from a small cut Subject1 sustained on her hand presumably while struggling with Subject2.  The vessel was found to contain 14 Type II personal flotation devices and one Type III PFD.  This type III PFD was supplied to the family by staff of Funtime Watersports, LLC.  The foam flotation of the PFD was folded in two in the back of the PFD and the majority of the safety information available on its label was unreadable.  Therefore, in my opinion this PFD should have been removed from service.  The vessel was found to be lacking a Type IV throw-able PFD - a federally required piece of boating safety equipment for all vessels over 16 feet in length.  The transmission of the vessel was found to be in reverse and the ignition key was off.  The tube and its tow-line were found to be in working order with no visible damage.  When asked, Subject1 stated that she had not completed the necessary processes to obtain a boating safety certificate or a 10-day exemption certificate.  

As additional NRP and fire department assets arrived at the location, surface searches continued and the sonar units on the NRP patrol vessels were used to search the waters in the area.  I then took the pontoon boat back to Funtime Watersports.  Upon arriving at the rental dock, I explained to the staff what had happened.  They provided me with Subject2's boating safety exemption certificate.  They were asked to inspect the vessel, and were unable to located its required Type IV PFD.  

The search for Subject2 continued to approximately 0100 hours on August 21, 2023.  It then resumed at approximately 0700 hours.  At approximately 1125 hours, Subject2's body was located on the bottom of Deep Creek Lake by members of the NRP Underwater Operations Team.  They utilized our advanced sonar equipment to find it.  Subject2's body was recovered at approximately 1129 hours, and he was pronounced dead by Cpl..  He was transported to the boat ramp at Deep Creek Lake State Park and examined by Forensic Investigator.  

After the results of Subject2's autopsy are obtained, Funtime Watersports, LLC will be issued two DNR citations for failing to equip their rental boat with a Type IV PFD and providing the family with a Type III PFD which should have been removed from service.  

NRP CIS Investigator Cpl. has been assigned this death investigation and will submit supplemental reports as necessary.  All events occurred in Garrett County, Maryland.  This case may be closed but additional supplemental reports will follow.

Deep Creek Lake
Swanton                       