Driver In Boat Crash That Killed 2 UA Students Pleads Not Guilty :Update, Pleads Guilty

[Serious News]

Posted on: 4:57 pm, December 13, 2013, by Shain Bergan

The University of Arkansas student who drove the boat in a crash that killed two of his classmates pleaded not guilty to manslaughter charges Friday in Delaware County, according to court records.

The Delaware County District Attorney filed two manslaughter charges against John DeSelms in September in connection with the fatal crash after the suspect allegedly admitted to drinking heavily and taking drugs prior to the wreck. DeSelms pleaded not guilty Friday in Delaware County District Court to first-degree manslaughter, according to records from the court appearance.

Not guilty pleas are common at arraignments in order for the cases to progress through the court system.

DeSelms appeared at the arraignment in-person with his attorney, court records show. His next court date is scheduled for July 28, 2014, at 10 a.m.

After official charges were filed in September concerning the May boat crash, DeSelms was booked into jail in Delaware County and bonded out the next morning. Each manslaughter charge is punishable by imprisonment for four years to life, a fine or up to $10,000 or both.

The Oklahoma Highway Patrol released an investigation report about a week after the May 14 deadly boat crash. The report states John DeSelms was arrested on suspicion of operating a motor vehicle under the influence of drugs and alcohol after the 22-foot-long ski boat he was driving smashed into a docked, unoccupied houseboat at a marina on Grand Lake in Oklahoma.

While being treated at a nearby hospital, DeSelms told investigators he had consumed about 10 beers, one shot of tequila and an anti-depressant that was not prescribed to him before the crash. He also admitted to using marijuana two days earlier, according to the investigation report.

After being released from the hospital, DeSelms was not booked into jail but instead was released on his medical recognizance, prosecutors said.

The two UA students died from blunt force trauma at the scene of the wreck, according to findings released by the Oklahoma Medical Examiner’s Office.

An examiner’s report states William “Trey” Varner III died of accidental blunt force trauma to the head, while Rachel Swetnam was killed by accidental blunt force trauma to the head and neck.

Meanwhile, a memorial service for the two students who were killed was carried out the week after the wreck in the Union Verizon Ballroom on the UA campus.

Investigators said at the time of the crash that they believed alcohol may have been a contributing factor in the wreck.

Varner, of Texarkana, Ark., and Swetnam, of Grove, Okla., were killed when a 22-foot Cobalt ski boat carrying eight people collided with a large empty houseboat docked in a marina at Arrowhead Yacht Club in the Duck Creek arm of Grand Lake near Grove, Okla.

Others in the boat included Taylor Perry, of Springdale, Eugene DeVerges, Bryce Banham, both of Tulsa, Taylor Reynolds of Plano, Tx., and Chad Scott of Perry, Okla.

Deselms and Perry were transported to Craig General Hospital for treatment and later released. Some of those in the boat were students at the University of Arkansas, according to the university.

Swetnam, a Tri Delta sorority member, was set to graduate in apparel studies from the UA next year.

“Rachel is someone that we`re really going to miss. She`s actually the first person I threw up the Delta with, a really sweet girl. We`re really going to miss her,” said Cassie Murphy, Tri Delta member.

“She was actually going to live in LA this summer and intern up there because she`s a fashion design major,” said Sara, Tri Delta member.

Varner was studying marketing and a fraternity member at Kappa Sigma.

“He could definitely light up a room, just by being with them. Rachel and him were really good friends,” said Murphy.

Emergency 911 calls released Wednesday by authorities provided new details on the tragedy.

The calls came in from other boaters who witnessed the crash.

Below are excerpts from the 911 calls:

Caller: “There are eight people. Gosh, there’s blood everywhere. People are sitting on the dock. Two of them are lying on the dock, blood everywhere. Two on the dock are alive.”

2nd Caller: “We got a marjor accident at Arrowhead. Major, major wreck, okay?”
911: “Okay, injuries?”
Caller: “Yeah, big time.”

3rd Caller: “People are hurt, possibly two fatalities. A boat ran into, its inside the other boat, the whole boat is inside the other boat.”

4th Caller: “A boat just an into the dock 40-50 miles per hour. There were about six people in it.”

“We continued processing the scene and were able to remove the Cobalt vessel from the scene,” said Police Chief Bryan Edwards of the Grand River Dam Authority.

http://5newsonline.com/2013/12/13/dr...ds-not-guilty/

[Ratickle]

Sometimes you've got to just wonder....

[rschap1]

holy cow



looks like the duke boys would have had a hard time topping that crash

[Serious News]

Parents Of Boat Crash Victim Suing Driver And His Parents

Posted: Jan 31, 2014 11:11 PM EST

A boat piloted by John Deselms crashed into the back of a house boat killing two people.

TULSA, Oklahoma - The parents of a college student killed in a boat crash on Grand Lake last May are suing the driver of the boat and his parents.

The driver is already charged with manslaughter for the deaths of his two passengers.

Rachel Swetnam's parents are seeking damages, claiming in the suit that John Deselms operated the boat under the influence of a prescription drug and alcohol.

News On 6 obtained a copy of the lawsuit; it claims Deselms of being negligent when he operated the ski boat, which slammed into the back of a docked boat.

Eight Months ago a boat, piloted by John Deselms, crashed into the back of a house boat docked at the Arrowhead Yacht Club.

A passenger jumped out into Grand Lake before the crash; Rachel Swetnam and Trey Varner didn't survive their injuries.

Attorneys for Swetnam indicate in a lawsuit filed last week, the boat reached speeds between 40 and 50 miles-per-hour before it hit the docked house boat.

The lawsuit filed in Delaware County District Court says Deselms used negligent behavior in operating the boat last spring.

The lawsuit claims Deselms, "breached his duty of care," and, "the injuries suffered were a reasonably foreseeable result of John's conduct."

The lawsuit points to the police investigation after the crash that Deselms admitted to drinking 10 beers, one shot of tequila, and took an anti-depressant that was not prescribed to him.

Documents show Deselms operated the boat under the influence of alcohol, two-times over the legal limit.

Attorneys for Rachel Swetnam's family claim, "Deselm's actions were in violation of GRDA regulations and rules that provide a standard of care for John's conduct."

Attorneys are also holding John's parents, John Stuart and Mary Kay Deselms, accountable for the fatal crash.

The lawsuit claims, as a direct result of the parent's failure to supervise their boat, their son's actions ultimately led to the death of Swetnam.

The suit also claims a company, operated by Deselm's parents, was dissolved months after the fatal boat crash.

Court documents indicate Seven Anchors, LLC was controlled by the Deselms and Seven Anchors owned the lake house and the ski boat that crashed last May.

Several claims ask for more than $10,000 dollars in damages.

When asked about the lawsuit, the Deselms had no comment.

A court hearing is scheduled in July for the manslaughter charges John Deselms faces.

http://www.newson6.com/story/2460648...nd-his-parents

[Serious News]

UA Student Pleads Guilty To Manslaughter In Deadly Boat Crash
Posted 3:28 pm, August 20, 2014, by Shain Bergan

DELAWARE COUNTY, OKLA. (KFSM) – The University of Arkansas student who drove drunk in a boat crash that killed two classmates last year pleaded guilty Wednesday to two counts of first-degree manslaughter, according to his attorney.

John Stuart DeSelms is scheduled to be sentenced Dec. 29. He may receive between four years and life in prison for each charge, said Winston Connor, DeSelms’ lawyer.

Connor said the student always planned to plead guilty and is taking responsibility for his actions. No sentence would be favorable, but DeSelms’ choice to plead guilty may lead to a lesser sentence, Connor said.

“This whole thing is a complete tragedy,” he said. “There’s permanent loss on all sides.”

DeSelms remains out of jail on $25,000 bond while awaiting his sentence, according to jail records. He pleaded not guilty last year to manslaughter charges in Delaware County. Not guilty pleas are common at arraignments in order to allow a case to proceed through the court system.

The parents of 21-year-old Rachel Swetnam, who was killed in the boat crash, reached an undisclosed civil settlement with DeSelms in May. They had filed a civil lawsuit against the student seeking more than $10,000 in damages, court records show.

The fatal wreck occurred in May 2013 on Grand Lake in Delaware County, Okla.

Swetnam was killed by accidental blunt force trauma to the head and neck, while William “Trey” Varner III died of accidental blunt force trauma to the head, according the Oklahoma Medical Examiner’s Office.

The Delaware County District Attorney filed two manslaughter charges against DeSelms in September in connection with the fatal crash after the suspect allegedly admitted to drinking heavily and taking drugs prior to the wreck.

After charges were filed in September concerning the May boat crash, DeSelms was booked into jail in Delaware County and bonded out the next morning. Each manslaughter charge is punishable by imprisonment for four years to life, a fine or up to $10,000 or both.

The Oklahoma Highway Patrol released an investigation report about a week after the May 14 deadly boat crash. The report states John DeSelms was arrested on suspicion of operating a motor vehicle under the influence of drugs and alcohol after the 22-foot-long ski boat he was driving smashed into a docked, unoccupied houseboat at a marina on Grand Lake in Oklahoma.

While being treated at a nearby hospital, DeSelms told investigators he had consumed about 10 beers, one shot of tequila and an anti-depressant that was not prescribed to him before the crash. He also admitted to using marijuana two days earlier, according to the investigation report.

http://5newsonline.com/2014/08/20/ua...ly-boat-crash/

[rschap1]

VERY very sad

[Serious News]

Driver Sentenced in Boat Crash That Killed 2 UA Students

DELAWARE COUNTY -- John Deselms was sentenced to one year in prison and fourteen years on probation Tuesday by a Delaware County Judge.

Deselms was the driving a boat when it crashed into a docked on Grand Lake in May 2013, killing two passengers. Deselms was charged with two counts of manslaughter in the deaths of University of Arkansas students Rachel Swetnam and William Varner III.

For the first count of manslaughter, the judge sentenced Deselms to one year in prison with nine years suspended. For the second count, he was given a five years suspended sentence.

According to KJRH, Deselms will also serve 1000 hours of community service. He will not directly go to jail and will serve his prison time in Lexington, Okla.

http://www.nwahomepage.com/fulltextf...lEWvQKgYGGm1yQ

[f311fr1]

DELAWARE COUNTY -- John Deselms was sentenced to one year in prison and fourteen years on probation Tuesday by a Delaware County Judge.

This sentence is a symptom of what is wrong with this country.

[Ratickle]

First time DUI's causing death are the toughest issues for me to even consider what is correct. You probably would not agree with my thoughts, but I do not believe extensive jail time serves any purpose. You just end up releasing a hardened criminal then.

[Ratickle]

One of the reasons it is tough for me, I have friends on both sides of the equation. One couple lost one of their two sons, who was only in Jr High, to a groom that was driving home from his bachelor party drunk and ran a stop sign close to where we live, hitting the car where their son was riding.

Another friend's son was the one driving with three others in a car after their prom, drunk, crashed and one of the passengers died.

Both received time where they will be in jail for at least 10 years.

Both the parents who lost their son, and spend a lot of time traveling to schools giving input to kids about the dangers of impaired driving. And the parents, now divorced, who's son was the driver after the prom party. Neither agree that the extended time received by those impaired was the right sentence. I talk with both regularly and we have some very interesting possible corrections.

[Serious News]

Arkansas mom pushes for tougher DWI boating laws
Posted: Jan 27, 2015 5:54 PM EST

TEXARKANA, Ark. -
It's been nearly two years since a tragic boating accident killed two people in Oklahoma.

An investigation into the accident revealed that the driver of the boat was intoxicated when the crash happened.

Now one of the victims' mother is working with Arkansas lawmakers in hopes of changing the law concerning the penalties of boating while under the influence of alcohol.

Sandy Varner lost her only child, Trey, when he went boating with some friends in May 2013.

She says he was only on the boat for 10 minutes.

"He and two of his friends had gotten in the boat and literally traveled 200 yards before they crashed," said Varner.

The driver of the boat, John Deselms, crashed his ski boat into a docked boathouse on Grand Lake in Grove, Oklahoma, killing Trey Varner III of Texarkana and Rachel Swetnam of Grove.

Both victims were students at the University of Arkansas in Fayetteville.

Investigators say excessive speed, alcohol and operator inattention were to blame for the fatal crash.

A judge sentenced Deselms to 15 years in prison, with 14 of those years to be served on probation.

"His blood alcohol level was .18," explained Varner.

The legal limit is .08.

Since the accident, Varner has reached out to Arkansas lawmakers in hopes of making boating while intoxicated carry the same penalty as driving under the influence.

"He actually never lost his driver's license. He never lost those kind of privileges while he was awaiting sentencing," said Varner.

State Senator Jimmy Hickey of Texarkana has already filed the bill in the state senate.

"I think there is no question about it that the stiffer DWI laws have created a deterrent and we feel we need that same deterrent out there on our lakes," said Hickey.

Varner intends to testify before committee about the need for the law.

"I think its been so widely accepted that people drink alcohol on the water and it's ten times more dangerous," said Varner.

She says her son loved the water, but also understood the importance of being sober while driving a boat.

"I think he would be proud that his accident could mean something and maybe save someone else's life," said Varner.

The Swetnam family are working with lawmakers in Oklahoma to file a similar piece of legislation.

http://www.ktbs.com/story/27955672/a...i-boating-laws