MIDDLEBURY, Vt. (AP) – The man convicted of boating while intoxicated after the boat he was sailing capsized on Lake Champlain and killed two children won’t get a new trial.

Attorneys for George Dean Martin, 48, of Charlotte had asked a judge to order a new trial because of mistakes made by prosecutors during the five-day trial in May.

Prosecutors countered that the trial was proper and that Martin’s conviction should stand.

Martin was at the helm of a combination motorboat and sailboat on July 4, 2002, on Lake Champlain off Charlotte. The boat capsized, and Trevor Mack, 4, and his 9-year-old sister, Melissa, drowned.

Jurors convicted Martin of two counts of boating while intoxicated with death resulting. He faces up to 10 years in prison and $4,000 in fines when he is sentenced Aug. 24. He remains free on conditions.

Judge Helen Toor, who presided over the trial, rejected defense contentions that the Addison County State’s Attorney’s Office failed to prove the capsizing was the result of Martin’s intoxication rather than the boat’s instability, and that her instructions to jurors allowed them to convict Martin nonetheless.

The judge wrote in her three-page decision that there was enough evidence presented at trial for jurors to conclude Martin’s drunkenness caused the boat to overturn, and that the jury could have concluded “a sober operator with faster reflexes” would have been able to avoid the capsizing.

She also wrote that her jury instructions were correct because they required jurors to determine whether Martin’s drinking played a significant role in the capsizing.

Martin’s attorneys, Richard Rubin and Kerry DeWolfe, were unavailable for comment, their Barre law firm said Tuesday.