Vessel 1 was operating on Foss Lake near the south side of the Foss Dam.  V1 was towing kids on two knee boards.  V1 operated to close to the Foss Dam and caused one of the knee boards to run up on the rocks.  AOI was 300' NW of the concrete draw down and 639' NE of the dam control building.  AOR was unknown.  V1 picked the towed kid and transported him to the Copper Cove Marina.  Operator of V1 was arrested for operating under the influence of drugs and alcohol.  V1 was removed from the water and towed to Warnke wrecker yard.  On 09-03-2023 I Trooper made contact with the wrecker yard to obtain the motor information from V1 and the owner had already removed V1.  The owner of V1 will not release the information from the motor.  Motor information in the report is marked unknown.  See supplement narrative for Affidavit.

Troopers Affidavit

On September 2, 2023, I Trooper was on patrol in Custer County.  I was notified by phone from Ranger that a boat pulling kids on knee boards turned to close to the Foss Dam causing the knee boards to hit the Dam.  Ranger1 advised that a kid had a large cut on his head.  Ranger1 asked Operator who was operating the boat and Operator said he wasn’t operating the boat, at that time Operator’s wife changed her story and said she was operating the boat.  Ranger1 called me by phone and told me what had happened and I told him that I was arriving on scene at that time. 

I arrived on scene and walked up to the Ambulance.  Operator’s wife was standing next to the Ambulance by an open door.  Operator was standing in the Ambulance.  I asked both who had been operating the boat.  Operator’s wife said she had been and Operator said he had not been operating the boat.  I stepped into the Ambulance and could smell an odor of Alcohol and Marihuana coming from Operator’s person.  He had red blood shot eyes.  I had Operator step out of the Ambulance and told him he was under arrest for Public Intoxication.  Operator’s wife left with her son in the Ambulance.  I learned at that time there were other kids in the boat and I interviewed two of the kids that were friends.  The two kids told me that when the accident happened Operator was operating the boat.  I went back to Operator and advised him that he was under arrest for OUI.  

I had OHP dispatch start a wrecker for the boat, trailer and vehicle.  I inventoried the boat and could smell an odor of alcohol and marihuana coming from the boat.  I found one marihuana glass pipe in the operators right hand compartment next to the operators seat.  I transported Operator to the Custer County jail.   The vehicle was inventoried by Ranger.  Ranger2 inventoried the vehicle and found an empty beer can in the vehicle.  The vehicle, boat, and boat trailer were released to Warnkes wrecker.  

I administered the HGN test to Operator and noticed six clues during the test.  I read the implied consent test request to Operator, he said no to the states blood test.  I filled out the officer’s affidavit and notice of revocation/disqualification, and Operator signed the document.  I released Operator over to the custody of the Custer County jail.

FOSS LAKE
CLINTON                       