Expert: Philip Sweeting - 8/8/2006

Question
Philip--I am a writer and I have sold a book which has the following scenario and I need to be accurate about the details.  Could you please tell me how the police would handle this situation:

This book is set in Pennsylvania.  The main couple get a call late at night.  Their 18-year-old son Sean's friend's parents have a cabin at a lake.  The kids had gone there to drink and smoke pot.  No adults were present.  One of the boys took a canoe out onto the lake.  He tried to stand up in the canoe and it capsized.  Sean tried to rescue him.  He brought him back to shore but couldn't get him breathing again.  They called 911 but it was too late, and he died.  Sean says the police want to question them and he needs his dad there.

Once the police arrive, can you give me the step-by-step procedures they would follow?

Would the boys be taken to the police station?  I don't want Sean to be charged for the boy's death.  How would the determination be made not to charge him?  Could it be labeled an accidental drowning?  Would that be decided that night?  If not, how long might the investigation take?

What charges might be brought against the boys for drinking?  No pot is found on the scene.  Would they go before a judge to determine punishment like community service?

I can manipulate the situation somewhat.  The bottom line of the story is that Sean's dad went to Viet Nam and was in an incident where he had to kill civilians.  This has weighed on him all his life and separtated him from the people who love him. His relationship with Sean has not been great.  What happens at the lake is something Sean will never forget, but the incident brings him and his dad closer together.

Thanks for any information you can give me.


Answer
The police and paramedics would respond and the drowning victim would be taken to the nearest hospital where he would be pronounced dead.

The police would do an investigation as though it was a homicide (for all the police know Sean could have pushed him overboard). They will do a crime scene investigation, take pictures, take the canoe as evidence...examine it for damage, etc. They will conduct their investigation to either prove or disprove Sean's story.

They will want to get a statement from Sean (preferably at the police station) and check him out for injuries etc. that might raise a question. Of course Sean does not have to talk to the police but if he does and they catch him in a lie, he will become more of a suspect...will he tell them the truth about smoking pot and drinking?

An autopsy will be done on the victim and part of that will determine his alcohol and durg use. The actual investigation would take a minimum of a week (primarily because of waiting for the drug results on the victim) or much longer. Keep in mind the police at least initially should be investigating as though it was a homicide...they are not going to take Sean's word for what happened. They may question Sean and the victim's friends, teachers etc. to determine if they had past problems....

No one would be arrested for drinking or smoking pot but depending on where you want to go....someone can be charged with a homicide if they supply someone with drugs and they overdose as a result but marijuana would be a stretch; however, the police, when they question Sean may try to scare him into thinking he can be charged because of the marijuana...police have been know to lie to people.

Ultimately, it would be labeled an accidental drowning but you can have the police go easy or hard on Sean...

Hope this helps...if you use this and it gets published, send me a copy.