ALBANY, N.Y. (AP) – Sheriff’s officials investigating a tour boat capsizing last fall that killed 20 elderly passengers concluded in a report released Friday that neither the vessel’s owner nor its captain committed a crime.

The Warren County Sheriff’s Office looked into whether there was any intentional, reckless or negligent conduct that amounted to a crime, and submitted its findings to prosecutors. They are conducting their own investigation into the Oct. 2 accident in the Adirondacks and could still pursue a case.

“The Sheriff’s Office chose not to file criminal charges,” District Attorney Kate Hogan said. “That doesn’t mean that there necessarily aren’t criminal charges there.”

Several victims and other witnesses said the 40-foot Ethan Allen appeared filled to capacity or beyond on a calm, sunny Sunday when it suddenly tipped over, sending screaming passengers into Lake George. Pleasure boaters threw life preservers to the victims and pulled people to safety, but others were trapped beneath the boat.

The National Transportation Safety Board has yet to issue its final report, but has said it is examining modifications to the boat – including a larger engine, more ballast and a different canopy – that may have affected its stability.

The amount of weight aboard the boat, which was carrying 47 people and the pilot, has also been a focus of the investigations. The vessel was certified for up to 50 people, but officials say that was based on old weight guidelines that fail to take into account Americans’ expanding waistlines.

Carol Charlton, tour director for Shoreline Tours of Canada, which arranged the trip, told investigators that more people were supposed to be aboard, but after a discussion with the captain, two heavyset women decided not to go. Charlton said that when she sat in the boat, its sides “were very close to the water.”

The sheriff’s 530-page report quoted the captain, Richard Paris, as saying the wake from another boat doomed the Ethan Allen.

“The entire boat then tipped to the left and just kept on going. The boat tipped completely upside down. I got out and hung on to the boat,” Paris said. It happened so quickly passengers had no time to put on life preservers, he added.

The district attorney said a maritime engineer will review the sheriff’s report and results of mechanical tests on the boat.

“The real question here is what caused this boat to capsize,” Hogan said. “Were they aware of the situation? And did they fail to remedy it?”

A memo from state marine officials included in the sheriff’s report said public vessels that carry 21 to 50 passengers must have a second crewman. The violation of state maritime regulations usually results in a ticket.

Lawsuits have been filed in federal courts in Michigan and New York alleging negligence by tour boat company Shoreline Cruises Inc. and Paris, claiming that there should have been another crew member, life vests should have been accessible, the boat was flawed and it was overcrowded. Most of the victims were from Michigan.

Shoreline Cruises, which is not affiliated with Shoreline Tours, has said the Ethan Allen was in compliance with all state guidelines regarding passenger limits.

AP-ES-02-03-06 1929EST

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