Alcohol, Speed Not Factors In Fatal Boat Crash: Investigation

NEWPORT, RI — Neither alcohol nor speed were factors in a fatal boat crash near the Newport Bridge in August, the Rhode Island Department of Environmental Management said on Thursday. The department found that Frank Teixeira, 75, of Portsmouth, was not "speeding or operating his 28-foot cruiser ... in reckless disregard for the safety of others."

On Aug. 11, Teixeira's 28-foot cruiser, named @Last, collided with a sailboat racing in the New England 100 Regatta near the Newport Pell Bridge, killing a 60-year-old crewmember. The victim, 60-year-old Sandra G. Tartaglino, was a Tiverton resident.

"My heart goes out to the Tartaglino family who has suffered a terrible loss," said Janet Coit, the director of the department. "Boating on a crowded waterway in the summertime is very complicated and requires vigilance. Further, while there are rules governing the action of each vessel, some vessel operators either don’t know or follow the rules. That is why DEM urges all boaters to take a safety course."

Environmental Police Officer Kevin Snow and Lieutenant Daniel White of DEM's Division of Law Enforcement have led the investigation into the incident. Officers from three agencies: the U.S. Coast Guard, DEM and Newport police all found no signs of alcohol or drug use on the boat, and no alcohol containers were found aboard. Additionally, there was no evidence that Teixeira was speeding at the time of the crash.

The department presented the results of the investigation to the Office of Rhode Island Attorney General Peter Neronha, which agreed that Teixeira should not face felony charges. To be charged with operating so as to endanger – resulting in death, there would need to be proof that "the operator intended or foresaw the consequence, knew his actions were wrong but proceeded anyway or willingly acted recklessly knowing it would cause a death," the department said.

Teixeira is facing four violation of the Coast Guard’s Inland Navigational Rules, each of which carries a fine of up to $100. The violations are: risk of collision, action to avoid a collision, responsibilities between vessels and failure to keep a lookout. The DEM will prosecute the case in the Rhode Island Traffic Tribunal, with an arraignment set for Nov. 13.

The Coast Guard rules clearly state: "Every vessel shall at all times maintain a proper look-out by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision." Under the rules, sailboats have the right-of-way over powered vessels.