Boaters smoked pot, drank alcohol prior to fatal Pineview accident, warrant states

Published: Wednesday, Oct. 12 2011 3:35 p.m. MDT

OGDEN — Witnesses say the three boaters involved in a fatal accident on Pineview Reservoir in August smoked marijuana and drank alcohol prior to the accident, according to new court documents.

Esther Fujimoto, an avid swimmer and accomplished molecular biologist at the University of Utah, was hit and killed by a boat Aug. 21 while swimming 200 to 300 feet offshore. Witnesses reported three men in the boat stopped and appeared to talk to Fujimoto shortly after the accident but then drove off and did not return.

In newly released search warrant affidavits, the three boaters were identified as Skyler Shepard, 22-year-old Colton Raines and 29-year-old Robert Cole Boyer.

Based on information they were able to obtain, investigators on Aug. 25 identified the boat and Shepherd as the owner.

Detectives talked to Shepherd on Aug. 26. He admitted being on the reservoir but denied hitting anybody, according to court documents. Investigators took photographs of what appeared to be fresh damage on the boat. They also invited Shepherd to the sheriff's office for a more formal interview but he declined, the search warrant states.

Nine days after the accident, Shepard walked into the Weber County Sheriff's Office with his attorney to be interviewed. He said Boyer was driving the boat at the time of the accident, according to court records.

A witness who saw the boat shortly after the accident was brought to Shepherd's house and identified the boat.

Witnesses also told investigators that the three men had arrived at the reservoir with a larger group, and Raines and Boyer were seen smoking marijuana about 3:30 p.m. while on the water, the warrant states.

Blood draws on both men were conducted Aug. 30. The three men have not been arrested and no charges have been filed against them.

Investigators are waiting for forensics tests to come back from the Utah State Crime Lab. Once that happens, the case will be turned over to prosecutors for potential charges, said Weber County Sheriff's Lt. Mark Lowther.

E-mail: preavy@desnews.com, Twitter: DNewsCrimeTeam

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