08-25-2003 Council Packet - Laserfiche WebLink

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• •mmtm «•Mi iiiMM «.MM I •tertribun>.com No charges in 'boat rage' death on Lake Minnetonka CifiSflL 'f Jim Adams star Tribune PuUished 08/16/3003 A Mound man who was kilted in an incident characterized as "boat rage" actually was hit by his own boat, and his death was an accident, Hennepin County prosecutors said Friday in announcing no felony charges would bellied. Ryan Nustad, 31. was killed July 4 at Cruiser's Cove, near Big Island on Lake Minnetonka, where boaters had gathered to watch fireworks. He died of head injuries consistent with being hit by a propeller, the county attorney's office said. Two men who were arrested after they reportedly argued with Nustad had nothing to do with his death, said Amy Klobuchar, the county attorney. A Lake Minnetonka Conservation District attorney will consider whether misdemeanor charges, such as dninken boating, should be filed, she said. Investigators also found no fault with Anthony L. Kramer. 26, of Mound, who was driving Nustad*s boat at the time, Klobuchar said. Kramer didnl see Nustad trying to climb into the boat near the motor and put the boat in gear to go look for Nm, she said. The death "was a tragic accidenL not the result of any intentional actions or gross negligence by Mr. Kramer,' Authorities initially said that Nustad argued with two men he didn't know, and they pulled their boats alongside each other. As Nustad leaned into the other boat one of the men threw him into the water. Authorities had said the boat occupied by the two men drove over Nustad as it sped away, killing Nm. But Klobuchar said Friday that two witnesses saw Nustad swim back to his boat and try to dimb into it Vliitnesses gave conflicting accounts of whether Nustad fsH into the water or was pushed by someone in the other boat she said. Either way. he was able to swim back to Ns boaL she said. Tests showed Nustad had a blood-alcohol level of 0.20 peroenL twice the legal KmiL which would have impaired his ability to avoid the propefier'a Uades, Klobuchar said. Kramer was not tested, but people who saw Nm soon after the accident reported rto obvious signs of intoxication, she said. Kramer couldn't be reached for comnrent Friday, and NustacTs brother Ross Nustad dedined to comment Conservation District attorney Steven Tallen said he hasn't seen the case yet He said he has charged from 30 to 110 people a year with drunken boating sinoe he was hired by the district in 1986 In recent years, the number usually has been 50 or fewer, he said. Scores of boats w»^re tied together - in a practice known as "rafting" - to watch holiday fireworks the night of July 4. Some boaters initially wouldnl move and delayed water patrol deputies from reaching the accident scene. Some swimmers even ckmbed onto a deputy's boat stopping Ns progress, the County Sheritfs Office said. Patrol deputies needed several hours to clear boats from the Cruiser's Cove area and find Nustarfs body. As a result, the SherifTs OfRoe last month proposed two more safety lanes besides the existing one in Cruiser's hHp JMmm* »f»Wbun>.BC wMwwiiWDnf «0MW7 noiiof