Houseboat Fatality in Magna Bay

[rlaboss]

I'm told the medical concerns come before breath sample. The boat driver was hospitalized, therefore no breathalyzer. I guess it was assumed the hospital would take a blood sample. They didn't.
Never assume.

[intheknow]

I'm told the medical concerns come before breath sample. The boat driver was hospitalized, therefore no breathalyzer. I guess it was assumed the hospital would take a blood sample. They didn't.
Never assume.

when the police got there as I understand things the guy was still at the Scene.He was taken to hospital treated and released.Therefore in my opinion he was not injured enough not to blow however that being said.The COPS KNOW that they need to secure a warrent for the hospital to draw blood because without it they are dead in the water(no pun intended)
BOTTOM LINE RCMP dropped the ball as per usual
Heres a true story of how the COPS used to do there job(1973)
A young guy crashes into a tree at the end of mainstreet,car is broke in two.No seat belt which saved his life ironically.Hip was badly bruised and he ended up not walking for about 1 month or so
COPS drove him to the hospital,waited for a ED to check him out and release him.COPS then drove him to the COP shop and had him Blow.I know it would not be socially acceptable to do this in 2010 but you should be getting the idea by now

[Advocate]

update:
http://www.theprovince.com/travel/Charg ... story.html

The Chase RCMP are continuing their investigation into the fatal boating collision which occurred on July 3rd, 2010 on Shuswap Lake near Magna Bay. Investigators have released photos of the damaged vessels.
Photograph by: Handout, RCMPBecause of his medical condition, no breath samples were taken from the man suspected of being the driver of a speedboat that crashed into a houseboat and killed a man last month on Shuswap Lake, say RCMP.

Nor were blood samples taken at the hospital where the driver, Leon Reinbrecht, was treated, despite a warrant obtained by RCMP to seize blood believed to have been collected by medical staff.

Authorities allege that Reinbrecht, who is from nearby Celista, was behind the wheel of the 18-foot Campion speedboat that ran into the back of a houseboat on July 3. Kenneth Brown, the houseboat’s operator, was killed in the crash.

Reinbrecht has not been charged with a criminal offence.

He was taken by ambulance to Royal Inland Hospital where, according to search warrant information, police believed a blood sample had been taken.

RCMP told a justice of the peace that lab staff indicated to officers a blood sample had been collected and analyzed.

In order to seize the blood, police included in their application to the judge significant allegations — all still unproven in court — about what led them to believe Reinbrecht was impaired at the time of the crash.

The documents allege officers found 27 empty beer and cooler containers in Reinbrecht’s boat. The documents further allege the man had a strong odour of alcohol on his breath. He said he drank one beer while he was trapped in the boat because he was thirsty, the documents alleged.

Reinbrecht has three previous convictions for impaired operation of a motor vehicle, stated the RCMP’s information to obtain a warrant.

However, RCMP Cpl. Dan Moskaluk said no blood samples had been seized.

“We did a have a warrant, based on the information that we had obtained from this hospital, that it was our belief that there were samples that existed, taken by them on admission of this individual. We go with the warrant in hand, they say there is no hospital admission blood samples,” said Moskaluk.

No breathalyzer test on the man was done either, due to the priority given to the man’s medical treatment.

“You eliminate the breath sample thing right off the bat because medical condition and medical care needs will trump us saying that, no, before we bring you to the hospital we’re going to stop at the office and we think you can blow in the instrument.”

Moskaluk said police have no authority to compel medical staff to take a blood sample, although if they do see a need to collect blood, they can seek the patient’s consent.

Moskaluk said that at the time, there were not sufficient grounds to seek consent for the test.

“We’ll be able to see once things progress in this case,” he said. “If suitable charges are applicable, we’ll be able to piece it all together and to see what the sequence of events was that led the officers to take the course of action that they took.”

No charges have been laid in the case, said Moskaluk. The investigation is ongoing and could continue for weeks or months, he said.

Moskaluk noted that when police do not have a blood-alcohol sample from someone suspected of driving under the influence, it rules out consideration of a charge such as operating a vessel with a .08 blood level.

However, it doesn’t preclude police from examining other similar charges under the Criminal Code, including impaired operation or dangerous operation of a vessel.

Judi Morton, the owner of a marine store in the town of Anglemont, said the incident has been tough on the community, since both men were from the area.

“It’s just been difficult for everybody to deal with,” she said. “We are just hopeful that there will be some resolution.”

“We are used to traumatic things happening on the lake, but it’s normally people who don’t live here,” she added.

Morton said community members have been trying to help the locals who were injured in the boat accident through benefits and fundraisers.

[Catz]

Wow...3 priors???

[coffeeFreak]

I would think that without the sample it has to be assumed that this man was stone cold sober (not) when he rammed into the side of the houseboat, so wouldn't you think that legally he could be held even more responsible for his actions?

[Advocate]

I would think that without the sample it has to be assumed that this man was stone cold sober (not) when he rammed into the side of the houseboat, so wouldn't you think that legally he could be held even more responsible for his actions?

Now that's a new twist! Good one! If they can blame the alcohol, and he claims to have been sober, more responsibility due for sure! I like that.

[intheknow]

*off-topic/Jo*

[dave7777]

Jan 2011, and no charges that I can find. Looks like w. 27 empties in the boat he gets off of manslaughter. This is not right.

[Advocate]

A man, a husband, father, uncle, brother, cousin, nephew------his life was taken away by somebody elses' stupidity and disregard for safety.
Something very wrong with this picture for sure.

[intheknow]

bottom line the way i see things is this guy is a useless drunk and the cops as per usuall screwed up the investigation and the guy gets away with a terrible deed.I hope the cops are proud of their policing (lack of) in this case

[Fancy]

Drunk-driving charge still possible in fatal boat crash, lawyer says

The man behind the wheel of a speedboat involved in a fatal crash on Shuswap Lake could still face a drunk-driving charge, even though no blood or breath samples were taken from him following the incident.

http://www.canada.com/vancouversun/news/westcoastnews/story.html?id=f76702f2-abdd-414b-8467-7d8a2f1da42a

The police had a warrant to collect a blood sample they were told was taken. Please clarify what you are referring to regarding the investigation.

bottom line the way i see things is this guy is a useless drunk and the cops as per usuall screwed up the investigation and the guy gets away with a terrible deed.I hope the cops are proud of their policing (lack of) in this case

[Advocate]

UPDATE:

http://www.kicker.ca/

Coroner Rules Houseboat Driver's
Death Accidental

A September Coroner's Report concluded
that the death of Ken Brown, the
houseboat operator who was killed in
July 2010 in a collision between his
vessel and a speedboat driven by Leon
Reinbrecht, was accidental.
This means the
coroner has ruled that
the death was unintentional
and unexpected,
not homicide, suicide or
due to natural causes.
A lengthy police
investigation had been concluded well
before the Coroner's Report, and one
does not influence the other. While the
Coroner and Police are often involved
in the same investigations, each have
their own protocol, priorities and procedures,
and work as separate entities.
As we reported in our July issue,
"Houseboat Accident Investigation
Ends", unspecified charges against
Reinbrecht have been recommended by
the RCMP to Crown. At this time there
is no word as to
whether or not the
Crown feels that the
evidence warrants
proceeding with the
charges. There is
also no indication as
to when a decision
will be made. It will no doubt be
something of a relief to all concerned
when this case is concluded. Hopefully,
it will bring some closure to the Brown
family and friends, to the accident survivors,
and to concerned community
members.

[toughnut]

FINALLY!! Charges against the drunk boat operater were layed today.Nuff said.Iam happy

[gordon_as]

Finally ! It's about time. I wonder if he has killed anyone else in the past 17 months.

[GordonH]

Bump Update

http://www.castanet.net/news/Kamloops/1 ... -hits-snag