Update on the story:
Edited for better link:
Bayport man faces homicide charges in fatal St. Croix River boat crash
By Andy Rathbun
[email protected]: 10/31/2013 12:01:00 AM CDT | Updated: about 10 hours ago
Homicide charges have been filed against the man who allegedly drove a boat that crashed into the St. Croix River shoreline in June, killing a passenger.
Patrick A. Puhalla, 47, of Bayport was allegedly operating a boat the night of June 5 when it crashed north of the Kinnickinnic State Park beach on the Wisconsin side of the river, killing 40-year-old David J. Riley, who lived in New Richmond, Wis., but worked as harbormaster at Windmill Marina in Afton.
Puhalla was charged Thursday in Pierce County Circuit Court with homicide by intoxicated use of a vehicle, homicide by use of a vehicle with prohibited alcohol content, homicide by negligent use of a vehicle, causing injury by intoxicated boat operation and causing injury by boat operation with prohibited alcohol content.
David J. Riley, 40, of New Richmond, Wis., was killed in a boat crash on the St. Croix River on Wednesday, June 5. (Courtesy photo) Puhalla could not be reached Thursday. The Pierce County district attorney’s office said it had yet to learn who will represent him in the case.
Puhalla was injured in the crash. When speaking with investigators at his room in Regions Hospital in St. Paul a week after the incident, he said the night was darker than he had ever seen it. He told investigators he was not actually operating the boat and electronics were supposed to be doing that, according to the criminal complaint.
Puhalla, who said there had been ongoing issues with the electronics, estimated the 40-foot Formula 400 boat was traveling about 30 to 35 mph when it crashed. He told investigators they couldn’t see anything beyond the front of the boat, and by the time they saw trees, it was too late to avoid crashing, according to the criminal complaint.
Testing of Puhalla’s blood following the crash showed his blood-alcohol level was 0.114, the complaint states. The limit for operating a boat in Wisconsin is 0.08, the same as for motor vehicles.
Puhalla, Riley and another passenger in the boat, Daniel M. Schulte, were taking part in a weekly boat trip from Windmill Marina to a bar in Prescott, Wis., the night of the crash, Schulte told investigators in October. Schulte said all three were drinking one or two beers on the way to the bar and had beer, an alcoholic energy drink and food once there, according to the criminal complaint.
Schulte said Puhalla, who was driving the boat, didn’t appear to be intoxicated, the complaint states.
Schulte said that during the trip back, he told Puhalla at one point to move farther from the shore, but Puhalla responded that they were where they should be, the complaint states.
Schulte later noticed that the boat was not making a turn where he believed it should, and then realized he could not see lights on the Wisconsin bluffs that they usually use for navigation, he told investigators. Schulte said he asked where the lights were, but did not get a response from Puhalla, who was looking down at electronics displays, according to the complaint.
Schulte then saw a rock cliff directly overhead and yelled, “Turn, turn, turn,” but Puhalla did not react, and the crash occurred, the complaint states. Schulte said he was thrown down into a small cabin and knocked unconscious.
Riley was pronounced dead at the scene.
An initial appearance in Puhalla’s case is scheduled for Nov. 25.