LOUP CITY, Neb. — A Wood River, Neb., man charged with manslaughter in the deaths of two brothers at Sherman Reservoir this summer acknowledged to officers that he had had "about eight beers" that day.
But Brian Packer's attorney argued in Sherman County Court on Thursday that just because Packer, 40, had been drinking doesn't mean he caused the accident that took the lives of Joshua Rowley, 12, and Matthew McAlexander, 19, on July 3.
Joshua died at the scene. McAlexander died later from his injuries. The brothers, from North Carolina, were at the lake on vacation visiting family.
Judge Gary Washburn found that enough evidence was presented to send the case to district court. Packer's arraignment in Sherman County District Court is scheduled for Dec. 2.
"I don't agree with (the judge), and we will ask another judge to review Judge Washburn's ruling today," defense attorney Ron Temple of Norfolk said after the hearing.
Conservation Officer Dale Davis of the Nebraska Game and Parks Commission testified Thursday that he was called to Sherman Lake about 7 p.m. July 3 on a report of an accident involving two boats.
During questioning by attorneys, Davis said during the investigation that night he learned that Packer had been operating a pontoon boat in a north-northwest direction and a ski boat towing a tube was heading in an easterly direction.
A passenger in Packer's boat, James Gotschall, told Davis that he saw the ski boat but that by the time he saw the tube it was too late to avoid them, although Packer did try to take evasive action.
Davis said that as he spoke with Packer, he noticed the smell of alcohol and that Packer's eyes were bloodshot, glassy and watery.
Packer and David Provose, the driver of the ski boat, each was given a preliminary breath alcohol test by Sherman County Deputy Dan Steiner. The tests showed that Provose, the brothers' uncle, from Topeka, Kan., had not been drinking but that Packer's preliminary test recorded a blood-alcohol reading of .104. Later a blood test at the Valley County Health System in Ord recorded a .089 blood alcohol content. The legal limit in Nebraska for driving a motorized vehicle is .08.
Temple argued that Packer was not cited with any other boating violation, such as reckless or negligent boating.
"The only unlawful act the state has proven is boating under the influence," he said. "The state didn't even prove how the boys died. What could have happened was those boys died as a result of nothing that my client did."
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