BARRON COUNTY — The Barron County District Attorney has announced that no criminal charges will be filed following the WDNR's investigation into a boat crash on Lake Pokegama, though the operator of one boat will receive a citation for a navigation violation, according to a press release from D.A. Brian Wright.
PRESS RELEASE
The State of Wisconsin Department of Natural Resources (WDNR) has completed its investigation of a boat crash that occurred on Lake Pokegama, on the Chetek Chain of Lakes, on September 10, 2024 at approximately 5:50 PM.
An occupant in one of the boats was injured as a result of the crash. A WNR warden, Barron County Sheriff's Department deputies, and other first responders responded to the crash.
The District Attorney's office has reviewed the investigative reports prepared by WDNR. According to the collective information of all reports submitted by wardens who assisted in the WDNR investigation, a black in color 2022 Phoenix Pro bass boat being driven by Michael Hintz was traveling in a southwesterly direction on Lake Pokegama. A blue in color 2012 Smokercraft Millentia, with two persons in the Smokercraft boat were preparing to go fishing.
One of the persons in the Smokercraft boat was at the front of the boat lowering the trolling motor. The other person in the Smokercraft boat was facing the stern of the boat, but could not remember if he was standing or sitting.
The person at the front of the Smokercraft boat observed the Phoenix boat traveling southbound straight towards them, but then saw the Phoenix boat angle away from them farther toward the main lake. The person at the front of the Smokercraft continued to deploy the trolling motor. When he looked up, he observed the Phoenix boat traveling straight towards them again. He stated that he had just enough time to yell and wave his arms. He then jumped off the starboard side of the Smokercraft boat just prior to the Phoenix boat crashing into them.
The other person in the Smokercraft boat heard his fishing companion at the front of the boat yelling, and turned around to face forward. He observed his fishing companion at the front of the Smokercraft boat jump overboard, however he stayed in the boat and believes he was injured when the impact of the Phoenix boat crashing into the Smokercraft boat caused him to strike his head on a bracket located on the starboard gunwale of the Smokercraft boat.
Hintz immediately threw a personal flotation device to the person who had jumped overboard. The person who remained in the Smokercraft boat and was injured was pulled into another boat by the injured person's son as the Smokercraft boat began taking on water.
Wardens analyzed GPS data and determined the Phoenix boat impacted the Smokercraft boat in a nearly head-on manner. Utilizing software as part of the crash reconstruction, wardens created visual images of both boats at the time of impact. Wardens estimated the speed of the Phoenix boat when it crashed into the Smokercraft boat at between 10 and 28 miles per hour. The Smokercraft boat was not under power when the crash occurred.
Hintz agreed to submit to a preliminary breath test (PBT) when law enforcement and first responders arrived. The PBT result was 0.00%. While the cause of the crash is unknown, Hintz was cooperative and provided information that suggests a contributing factor may have been a medical issue affecting him at the time of the crash.
After a thorough review of the WDNR investigative reports and crash reconstruction, I have determined that no criminal charges will be filed by the District Attorney's office against Hintz. The State's no charging decision is based on insufficient evidence to prove criminal negligence.
Hintz will be cited with violating §30.65(1)(a) of the Wisconsin statutes for failing to bear to the right and safely passing the Smokercraft boat on its left side.
The citation has a maximum forfeiture of not more than $500.
— Per Barron County District Attorney, Brian Wright
Last Update: Feb 14, 2025 10:09 am CST
