An intoxicated Utah boat driver was arrested for automobile homicide for allegedly causing the death of one of his passengers while boating in Flaming Gorge over Mother’s Day weekend.
Drinking and sailing
25 year old Corey Eggleston of Vernal, Utah was arrested for automobile homicide and DUI charges after one of his passengers fell from the boat and drowned. Eggleston admitted had been drinking alcohol while operating the boat at Flaming Gorge Reservoir Saturday when he made a maneuver that caused the boat to start taking on water. That maneuver resulted in multiple passengers of Eggleston’s boat to fall into the water. None of the passengers were wearing life vests and one male passenger was pronounced dead after being pulled from the water.
Eggleston was booked into Uintah County Jail on DUI charges as well as automobile homicide. Utah Code 76-5-207 states: “Criminal homicide is automobile homicide, a third degree felony, if the person operates a motor vehicle in a negligent manner causing the death of another and:
(i) has sufficient alcohol in his body . . . of .05 grams or greater at the time of the test;
(ii) is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle [or boat]; or
(iii) has a blood or breath alcohol concentration of .05 grams or greater at the time of operation.”
If the person was found to behaving in a criminally negligent manner when they caused the death of another, the charges would be increased to a second degree felony.
Negligence when boating
Section 76-5-207 goes on to explains that “. . . negligent means simple negligence, the failure to exercise that degree of care that reasonable and prudent persons exercise under like or similar circumstances.”Criminal negligence on the other hand is defined by 76-2-103 as “. . . when [the actor] ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise in all the circumstances as viewed from the actor’s standpoint.”
Mistake or “gross deviation” of care
Although Eggleston likely didn’t intent to cause the death of his passenger, drinking while operating the boat was considered a negligent act and could have been prevented by choosing sobriety while boating instead. No details have been released stating how much Eggleston had been drinking or whether or not, prior to the incident, he was behaving in a manner that would show a disregard for the safety of others (other than his consuming alcohol.) Anyone facing charges for negligently causing the death or another is encouraged to seek the help of a qualified attorney to ensure intent and level of negligence is honestly portrayed during court proceedings.