United States District Court, E.D. Washington
FINDINGS OF FACT AND CONCLUSIONS OF LAW
T. RODGERS UNITED STATES MAGISTRATE JUDGE.
was charged in the First Amended Information with violating
36 C.F.R. § 3.10(a)(1) and (2) on August 6, 2016. On
September 20 and 21, 2017, the case was tried to the Court.
Defendant was present in person. The United States was
represented by Kyle Olson, Intern at the United States
Attorney's Office, and Assistant United States Attorney
David Herzog. Defendant was represented by attorneys Stephen
Roberts and Benjamin Flick of the Federal Defender's
United States presented the sworn testimony of five
witnesses. Defendant presented the testimony of Ana Russel
and testified in his own behalf. All witnesses were
Court also admitted into evidence certain documents and
photographs, and one audio/visual DVD.
parties having rested, and having considered all of the
foregoing evidence, the Court now issues the following
Findings of Fact and Conclusions of Law:
conduct with which Defendant is charged occurred on Lake
Roosevelt on the Columbia River, substantially at or near the
Crescent Bay boat launch, which is within the Lake Roosevelt
National Recreation Area and within the Eastern District of
Officer Radovich is a law enforcement officer employed by the
National Park Service and was in uniform and on duty on at
the Crescent Bay boat launch on August 6, 2016.
August 6, 2016, Defendant owned and operated a boat upon the
waters of Lake Roosevelt. The boat was a brown 21 foot
runabout-style craft, powered by an inboard-outboard engine,
with an open cockpit and no cabin or top.
Defendant was driving the boat when it approached and docked
at the Crescent Bay boat launch. After the boat was secured
to the dock, Defendant remained in the boat until he was
contacted and detained by Officer Radovich.
Between the time the boat was secured to the dock and the
time Defendant was contacted by Officer Radovich, the
boat's ignition was switched off. A “kill
switch” was also moved to the open position, thus
de-energizing the boat's electrical system. The ignition
switch was at the driver's seat in the front of the
cockpit and required a key to operate. After the ignition was
switched off, the key remained in the ignition. The key alone
would not start the engine, because the “kill
switch” was also off. The “kill switch” was
located in the rear of the cockpit, in the corner furthest
from the driver' seat, and could only be accessed by
removing a panel underneath a rear seat cushion.
Throughout the day Defendant consumed a quantity of alcohol
by drinking “Coors Light” beer from
Officer Radovitch administered certain field sobriety tests,
including a Horizontal Gaze Nystagmus test and a “walk
and turn” test, and, from the number of
“clues” exhibited, he found probable cause to
believe Defendant was under the influence of alcohol.
Defendant asserted that the lingering effects of injuries to
each leg prevented him from performing some tests well and
from performing other tests at all.
Defendant provided a breath sample by blowing in a Datamaster
CVN instrument at ...