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LAKE GEORGE---The 500-page report that Warren County Sheriff Larry Cleveland says his agency has compiled in the investigation of the capsizing of the Ethan Allen will be released by the end of next week according to Cleveland.
Cleveland says he will release the report to media by Feb. 3.
He has reportedly released parts of the report to Kathleen Hogan, Warren County district attorney, who will decide if the matter should be presented to a grand jury.
The 38-foot glass enclosed Ethan Allen was hosting a group of senior citizens from Michigan on an hour-long fall foliage tour along the Lake George shoreline on Oct. 2 when it capsized and sank, killing 20 of the 47 passengers on board.
The report will reportedly contain statements from survivors and witnesses in addition to photos of the scene.
The National Transportation Safety Board is continuing its investigation into the cause of the accident and expects to release its report later this year.
But the bottom line is that Cleveland and the Warren County Sheriff's Department won't be filing any criminal charges against boat captain, Richard Paris,74, a retired state trooper and long-time friend of Cleveland's; or Shoreline Cruises of Lake George, the boat's owner.
Cleveland has reportedly released parts of the report to Kathleen Hogan, Warren County district attorney, who will decide if the matter should be presented to a grand jury.
The 38-foot glass enclosed Ethan Allen was hosting a group of senior citizens from Michigan on an hour-long fall foliage tour along the Lake George shoreline when it capsized and sank, killing 20 of the 47 passengers on board.
Despite Cleveland later acknowledging at a televised news conference that Paris was a known alcoholic, he said he didn't have any cause to test Paris for alcohol or drugs.
The lack of testing of Paris immediately after the accident, a decision made by Cleveland, has come under fire. Cleveland said that he didn't believe Paris was under the influence because he had him "blow" in his face and Cleveland didn't detect any odor of alcohol. It's not known how Cleveland ruled out the presence of drugs. Cleveland said no favoritism was shown in his decision not to test Paris.
Cleveland and the department have a dubious record in policing its own in alcohol-related deaths, especially the unit supervisor of the sheriff's marine unit, Lt. Robert A. Smith and essentially now fourth in command in the department under Cleveland and his long time associate, Major John Shine.
Smith is the nephew of Kenneth Jones who in 1989 was a sergeant in the sheriff's department. His grandfather was the late Lloyd "Bud" Jones, a former Horicon town justice. Smith himself is a convicted drunk driver which resulted in fatal automobile accident, convicted of driving drunk in the Town of Horicon in February, 1989 with a recorded blood alcohol content of 0.19. nearly double the then legal limit of 0.10.
Although he was found responsible for the death of his passenger, Robert Wood, and despite the alcohol involvement, no charges of vehicular assault or criminally negligent homicide or manslaughter were ever lodged against Smith.
Instead, Smith was quickly promoted up the ladder in the sheriff's department to a full-time communications officer, to patrol officer, to sergeant and then to lieutenant.
http://www.northcountrygazette.org/articles/123105EthanAllenDWI.html
1-26-06
© 2005 North
Country Gazette
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