Why didn’t deputies get blood sample from boater after Boston Harbor-area crash?
Thurston County deputies did not obtain a blood sample from a boater accused of committing assault by watercraft near the Boston Harbor Marina on May 3.
Justin James Erickson, the 51-year-old Chief Executive Officer of Harbor Foods Group, allegedly crashed his 25-foot boat into a 10-foot boat occupied by five people and seriously injured one of them, 21-year-old Jack Edwards.
Witnesses told investigators Erickson was speeding and boating recklessly, according to a probable cause statement filed in Thurston County Superior Court. Multiple people reportedly helped rescue the stranded boaters while Erickson allegedly left the scene, the statement said. Erickson later returned and told deputies he thought he hit a log, per the statement.
Deputies arrested Erickson on suspicion of assault by watercraft. He’s since been released, and he has not been charged.
Thurston County Prosecuting Attorney Jon Tunheim recused his office from prosecuting the case to avoid the appearance of a conflict of interest, he previously told The Olympian. He said he’s known Erickson for about 20 years and that Erickson has supported his campaigns for Prosecuting Attorney. The Pierce County Prosecuting Attorney’s Office is now reviewing the case to make a charging decision.
The incident has captured the attention of locals on social media, including in comments on the Thurston County Sheriff’s post about the crash. Some of those comments raised questions about whether Erickson may have been boating under the influence.
When reached on Wednesday, Sheriff’s Office Lt. Mike Brooks said deputies did not feel they had probable cause to arrest Erickson on suspicion of operating a vessel while under the influence of drugs or alcohol. Deputies only found probable cause for assault by watercraft, according to the statement filed in court.
“The threshold must be probable cause a crime was committed and the elements of that crime must be met,” Brooks said.
Brooks said a finding of probable cause goes beyond a hunch. He said it is based on the totality of various factors that lead an officer to believe a person more likely than not committed a specific crime.
A few witnesses told investigators they thought they saw alcohol on Erickson’s boat, per the probable cause statement.
A deputy initially spoke to Erickson on a dock after he returned to the scene, the statement said, and the deputy reportedly noticed no signs of intoxication nor did they observe any alcoholic drinks on the boat or near the operator’s station.
Erickson’s father-in-law, an attorney, later joined Erickson on land. The deputy noted the smell of alcohol in the air near Erickson and the attorney, but could not “identify with any certainty” who the odor was coming from, according to the statement.
Deputies offered Erickson the chance to conduct “voluntary field sobriety tests,” the statement reads, but he declined and refused to make any further statements.
The preliminary field sobriety tests and portable breath tests are voluntary for drivers and boaters, Brooks said. That said, he clarified that an officer may still look to other factors to justify an arrest.
“Just because you refuse the (voluntary) tests doesn’t mean you get arrested, but there’s probably a fair chance the law enforcement officer may have probable cause at that moment without the test,” Brooks said.
The Olympian asked Ryan English, a defense lawyer at Sound Law PLCC in Olympia with experience handling DUI cases, how breath tests and blood tests are handled in similar matters. He has no connection to the Boston Harbor case.
He said the portable breath test is generally not admissible in court but an evidentiary breathalyzer test is admissible. The latter is usually administered at a police station after someone is arrested, he said.
“The portable breath test is really just to establish probable cause,” English said. “It’s one of many factors that goes into establishing probable cause.”
Refusing the evidentiary breathalyzer test has consequences, such as a suspended driver license, and prosecutors may use that decision against someone in court, English said.
“Whenever you get a driver license, you imply consent to submitting to an evidentiary breathalyzer test if the request is reasonable,” English said.
Similarly, anyone who operates a vessel within the state is “deemed to have given consent” to a breath test for alcohol concentration if they are arrested for an offense where, at the time of the arrest, the arresting officer has “reasonable grounds” to believe the person was operating the vessel while under the influence of alcohol or any other drug, according to state law.
Field sobriety tests are admissible in court, English said, and refusing to do those tests may be used against a defendant in court.
Coreen E. Schnepf, Chief Criminal Deputy Prosecuting Attorney for Pierce County, confirmed deputies did not take a blood sample after the Boston Harbor crash, either.
Without consent, deputies can only take a blood sample if they obtain a warrant, Brooks said. To obtain a warrant, deputies need probable cause, he added.
“If the deputies did not feel they had probable cause for an arrest, they would not be able to get a warrant to obtain the blood,” Brooks said.
The Pierce County Prosecuting Attorney’s Office has asked the Thurston County Sheriff’s Office to interview additional witnesses before making a charging decision, Schnepf said. Brooks confirmed the Sheriff’s Office investigation is ongoing.
“As with any case, we would need sufficient evidence before it can be charged,” Schnepf said.
After the crash, The Olympian asked Christopher John Coker, the attorney representing Erickson, to comment on the allegations, including those that Erickson may have been under the influence.
Coker shared the following statement from Erickson.
“My heart is with Jack (Edwards) and everyone affected by this tragic accident,” Erickson said. “I’m keeping them and their loved ones in my thoughts and remain hopeful for a full and timely recovery. This has been an incredibly difficult time for everyone involved. Out of respect for their privacy, I will not speculate or comment beyond the information shared by local authorities. Right now, my focus is simply on supporting those affected with compassion, care and respect during this difficult time.”
Edwards returned home on May 8 and faces a long recovery, his mother told The Olympian. His family has started a GoFundMe to help pay for his medical expenses. The family has raised nearly $30,000 as of Thursday morning
