On February 19, 2023, at approximately 2:00 pm DNR Communications dispatched Cpl and I to a water rescue in the St Martin’s River. They reported one subject that had fallen from his kayak and was currently in the water. Ocean Pines Fire Department was currently responding. Cpl responded by boat and I drove to the closest ramp to the location of the subject; White Horse Park, and met with ems and fire personnel.

Upon arriving at White Horse Park, I met with the fire department command that advised they had the subject onboard and were transporting him back to our location. The victim was identified by his wife.  I was able to speak with Subject’s wife while OPFD’s vessel was transporting him back. She advised that Subject had called her on the phone and explained that he had flipped his kayak and was on the far shore of the river. She also explained that Subject's brother had taken a second kayak and paddled out to assist.

Subject went directly into the awaiting ambulance when they arrived at the pier to be evaluated for hypothermia. His wife had also placed a dry set of clothes in there for him. As I was attempting to speak with any other witnesses, I saw Subject exit the ambulance and begin to walk back towards the houses. I approached Subject and advised him that I would need to speak with him about the incident. He stated that it was not him who had fallen overboard and continued to walk away. I had witnessed him come in on the fire boat and go directly into the ambulance. I continued to walk with him, offering to get back into the heated ambulance or my truck which also was running with the heat on. I noticed him to be carrying his dry clothing as he had not changed out of his wet clothes. Subject continued to walk away, only responding with “I'm fucking going home!” and refusing to give me the address to where that residence was located.

I again asked him to stop, so I could give him a ride or at least obtain the address to meet him back there. He began walking faster away from me. At this point, I ordered Subject to stop, as I needed to conduct an interview with him on the actions that transpired that caused his capsizing and sinking of his kayak. He became very aggressive, screaming “am I being detained!” I advised him he was in fact, but we could get into one of the heated vehicles as I only needed to ask him several questions. He again continued to yell and question what he “was under arrest for.” I repeated that he was not under arrest and was only being detained. I had not been able to identify him at this point in the interaction.  

I made the decision to not take force to detain Subject, despite his refusal to stop or provide any identification. The only charges I was investigating currently were failure to have a PFD on board and possible negligent operation of a vessel, due to the capsizing. The crimes did not merit the inevitable use of force that would have been necessary to detain Subject. So I continued to follow Subject back to the residence he had been walking to. He spoke with a female at the door, and entered the house. Wife advised this was his mother’s house.

I was able to speak with Wife again for a short time in the front yard of this residence. She went inside several times at my request to ask him to come out to speak with me, after he had time to change and calm down. I could hear him yelling responses back from inside; he would not speak to me. Wife was able to give me a brief description of the kayak; it was a darker green single-person. She stated that he had been out fishing by himself when something happened and had flipped. He was able to make it to the nearest shore, which was the Bishopville side of the river, where he then called her. She subsequently dialed 911. It was apparent that Subject had instructed Wife to stop speaking with me after one of the times she went inside to check on him. I gave her my business card and asked that she pass it along to Subject to make contact with me before they return home. I also explained that Cpl was attempting to locate the sunken kayak for them, utilizing the onboard side scan system. But had not currently located anything, due to Subject's refusal to assist in identifying where it had sunk. 

As of February 21, 2023 I have not heard from Subject.

All events occurred in Worcester County.

St Martin River Ocean Pines
Ocean Pines                   