Expert: Jack Toomey - 8/8/2006

Question
Jack--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.

Karen

Answer
Karen,

   Since I don't live or work in Pennsylvania I can't be absolutely accurate about how things would be handled especially in the courts or in adjudication of the case.

 First of all you might want to rethink the canoe capsizing and the one boy bringing another back to shore.  It is hard enough to swim back to shore yourself let alone towing a drowned body back with you.  In other words that probably would not happen.

  If this is some rural place which it probably is the local police or even some kind of natural resources police might just handle this as an accidental drowning but then again the county police might respond and look around and find evidence of alcohol and drugs and bring everyone in for statements which would be completely believable.  

    You might not be aware of it but an eighteen year old does not have the right to have his father at the time of questioning in fact most teenagers don't have that right.  The Supreme Court has ruled that the age is about 14 or so and the key thing is whether the teenager is aware of making a decision or being mature enough.  But for sure an eighteen year old would not be allowed to have his father there unless the police allowed it which is doubtful.

    I think that some Pennsylvania townships and counties still have the coroner system where they actually still hold inquests but you need to check on that because I am not sure.  

   For the rest of your questions I would suggest that you get in touch with someone from Pennsylvania who is aware of the criminal justice system in that state.