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Wednesday, October 1, 2008

Case of Dillon boating death goes to district court



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BRECKENRIDGE, Colo. — A Frisco man was “doing doughnuts” at the helm of a boat when his friend fell overboard in Dillon Reservoir and subsequently drowned, witnesses testified in a preliminary hearing on Tuesday.

Summit County Judge Ed Casias ruled there is enough evidence to believe the Aug. 6 drowning of Adam Brown in Dillon Reservoir was more than just an accident and sent the vehicular-homicide case against Kevin Lukanski to district court.

“More than anything, this was a tragic episode that could have been avoided,” Casias said. “It has been confirmed that Mr. Lukanski was the operator of the boat that evening, and looking at the evidence, we see that the maneuvers of the boat (are) what caused Mr. Brown to fall overboard.”

Brown remained missing in the reservoir for three days before rescue crews discovered his body in 47 feet of water. An autopsy on Brown’s body revealed he died from a combination of drowning and severe head injuries from the boat’s propeller.

Newly appointed Assistant District Attorney Scott Turner called two witnesses to the stand during Tuesday’s preliminary hearing — Summit County Sheriff’s Detective Wes Mumford and Sgt. Dave Martinez.

Mumford described interviewing the boat’s other passenger, who claimed that all three of the men had been drinking on the boat that night, and that Lukanski was “doing donuts” as they approached the Frisco marina.

“Our investigations showed that Mr. Brown fell overboard because of a sharp right turn,” Mumford said.

Boulder-based defense attorney Gary Sandblom argued that his client had previously given a very different account on the events of that evening and said that Brown fell overboard after Lukanski made a sharp turn to avoid hitting a buoy.

Lukanski was arrested under suspicion of boating under the influence the night Brown fell overboard, and blood tests later showed his blood-alcohol content at the time he was operating the boat was .21.

“There is no dispute that a boat is a motor vehicle, and going into a donut is reckless driving,” Turner said. “Mr. Lukanski was driving under the influence... and that resulted in the death of Adam Brown.”

Brown’s parents, Debbie and Greg, flew from Columbus, Ind., to attend the hearing, and their grief was clearly visible as they watched the proceedings from the front row of the gallery.

“This is just what you do for your children,” Debbie Brown said outside the courtroom. “We have to be here for Adam. It’s the only thing we can do for him right now.”

Vehicular homicide is a Class 3 felony and, if convicted, Lukanski could face fines from $3,000 to $75,000 and a possible prison term of four to 12 years.

Lukanski is set to appear before District Court Judge Terry Ruckriegle on Monday.

adickson@summitdaily.com


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