On Sunday, March 5, 2023, at approximately 7:00 p.m., I, Cpl. 1 was notified of a single-vessel accident, near Gills Ferry on D'Arbonne Lake in Union Parish. The vessel was carrying four subjects. Upon my arrival, I identified myself as Louisiana Wildlife and Fisheries Agent and learned all four subjects were out of the water and loaded into their vehicle.

It was learned that Operator was the operator of the vessel. Operator stated that they were headed to set out yo-yos, and their boat motor struck a stump under the water, and they were ejected from the boat. Operator suffered a laceration to his left thigh and prop scrapes to his stomach. Operator was transported by ambulance at this time to Northern Louisiana Medical Center in Ruston, Louisiana. Photos of all injuries sustained were taken. (see attached photo log).  

I then identified the three passengers as Injured 1, Injured 2, and Passenger 3. Injured 1 suffered a scrape to his lower leg, Injured 2 suffered a scrape to his arm. Both subjects refused medical attention. Passenger 3 was not injured. Lt. 3 and Cpl. 2 arrived shortly after the ambulance arrived on scene to assist with the investigation. Lt. 3 read Passenger 3 and Injured 2's Miranda Rights and they both stated they understood their rights and agreed to speak with him. 

Passenger 3 stated that they had been running yo-yos and it was starting to get dark. He said that they returned to the ramp to get a headlamp and then as they were traveling back down the creek towards the yo-yos, when they hit a stump. Passenger 3 said that they were all thrown out of the boat and into the water. He said that the boat started circling until it got stuck in the mud. He stated that Injured 1 swam and got into the boat and they all loaded back into the boat and drove back to the ramp. Passenger 3 stated they were heading towards the hospital when they ran into me. Passenger 3 provided me with a written statement, and it is attached to this report. 

Injured 2 stated that they were riding in the boat and they hit a stump. Injured 2 stated that they all went flying out of the boat. Injured 2 stated each of them except for Passenger 3 was struck by the boat. He said that they all swam to the bank. He said they made a few calls for help and Injured 1 swam and got the boat when it ran aground. He said that they all loaded back into the boat and drove back to the ramp. Injured 2 provided me with a written statement and it is attached to this report. 

Lt. 3 also spoke with the juvenile, Injured 1, in the presence of his dads friend. Injured 1 was read his Miranda Rights and they stated they understood his rights and agreed to speak with him. Injured 1 stated they were fishing yo-yos and it was starting to get dark. He said that they went to the boat ramp to get a headlamp and were on their way back to finish running the yo-yos. Injured 1 said that they were traveling 20-25mph and hit a stump in the channel. He said that it threw each of them out of the boat and into the water. He said that it ran over Operator first and then hit him and Injured 2. He said that the boat got stuck on a stump and he swam to the boat and drove it to where the other three were. He said that they all loaded back into the boat and went back to the boat ramp. Injured 1 provided a written statement and it is attached to this report.     
 

During my inspection of the vessel, I noticed it was an aluminum Excel boat equipped with a 50hp Yamaha motor. I witnessed three Type III PFD's in the front compartment of the vessel and they were dry and seemed to be unused. I did not see any alcohol in or around the vessel. The kill lanyard was still attached to the motor at this time. The key was in the off position and the motor was in neutral. There was no physical damage to the vessel that I could see. The vessel displayed a 2023 Louisiana decal and the vessel numbers were clearly displayed. Photos of the vessel were taken and they are attached to this report. I did not suspect any drug or alcohol use at the time of the incident.

On Wednesday, March 8, 2023, Cpl. 2 and I spoke with Operator at his grandparents' residence. Cpl. 2 read Operator his Miranda Rights, at which time he stated he understood and he agreed to speak with us. Operator indicated that they had set out ten yo-yos, and it began to get dark. He said they decided to return to the truck to get headlamps. After retrieving their headlamps, they proceeded to go back out to set more yo-yo's out when the boat's motor struck a submerged stump, causing the motor's handle to be jerked out of his hand. Operator said that caused everyone to be thrown out of the boat. He stated the boat began to circle them as they tried to escape it when it ran him over. All four passengers were able to make it to the bank, and the boat finally got stuck in the mud. He stated that his brother Injured 1 was able to swim out and get into the boat. Injured 1 then picked them all up and they returned to the ramp at Gills Ferry. Operator provided a written statement. (see attached).

Contributing factors of the accident are restricted vision, excessive speed, and careless operation. The vessel's operator was traveling at a rate of speed during the nighttime conditions that caused all four occupants to be ejected from the vessel. The kill switch was not used, which caused the vessel to go into circles, causing injuries to the occupants.  

Louisiana revised statutes 34:851.4(16), states the careless operation of a watercraft is the operation of a watercraft in a careless manner so as to endanger the life, limb, or property of any person, when such operation constitutes a violation of any of the following requirement. Section (16) states all vessels shall be operated at reasonable speeds for given conditions and situations and must be under the complete control of the operator at all times. Operator failed to meet this and he was cited for the above violation. Operator also was not wearing the required kill lanyard just prior to the incident and he was cited for La.R.S. 34:851.24- Fail to comply with tiller outboard engine cutoff less than 26 feet. Operator was also cited for La.R.S. 34:851. 24 F (1)- Failure to comply with PFD requirements. Operator did not have enough PFD's on board for the amount of passengers in the vessel.
D'Arbonne Lake
Farmeville                    