District Attorney Eric Sparr requests special prosecutor in Oshkosh boat crash, cites 'appearance' of conflict of interest
OSHKOSH - The Winnebago County district attorney has asked a special prosecutor to investigate the case of an Oshkosh man suspected of crashing his powerboat into a paddleboat on the Fox River, injuring seven people.
The case has since been turned over to the Wisconsin Department of Justice.
In a memo dated Aug. 10 to Winnebago County court commissioner Eric Heywood, District Attorney Eric Sparr outlined the reasons for his request.
'The appearance of a conflict, even in the absence of an actual conflict'
Sparr said the district attorney's office risks both apparent and actual conflicts of interest in prosecuting this case.
Two people in the office know the suspect socially and would have been "firewalled" from any involvement, Sparr said. While his office could have worked around that conflict of interest, he wrote, false rumors have also been circulating online about who was on the suspect's boat that night.
The district attorney's office isn't connected to any passengers who were actually on the boat, he said, but other community members have been falsely associated with the case.
"The false information ... helped create the appearance of a conflict, even in the absence of an actual conflict," Sparr said.
As a result, he concluded it would be impossible for his team to prosecute the case.
The Wisconsin Department of Justice confirmed it is taking over the case's review and any possible prosecution but offered no additional comment.
Investigation ongoing into a powerboat-paddleboat collision from early July
Shortly before 10 p.m. July 9 on the Fox River, a privately owned powerboat crashed into the side of a two-story pleasure cruise paddleboat owned by On the Loos Cruises.
The powerboat, its operator and its seven passengers immediately fled the scene, according to the Winnebago County Sheriff's Office. Authorities later found and arrested the powerboat driver, a 52-year-old Oshkosh man.
Meanwhile, the paddleboat was severely damaged on its port side. As a result, On the Loos Cruises was forced to pause bookings, according to a statement on the company's website.
Seven paddleboat passengers were injured, the sheriff's office said, although everyone on both boats made it safely to shore. The sheriff's office has since identified all 43 people on the paddleboat and all seven people on the powerboat.
The powerboat owner and operator was released July 13 on $10,000 cash bail with conditions, but he has not been charged in court. He could face up to 12 counts of second-degree recklessly endangering safety and 11 counts of failing to render aid after a boating accident, the sheriff's office said.
USA TODAY NETWORK-Wisconsin typically does not identify suspects unless they have been charged.
More: Here's the latest on the Fox River powerboat-paddleboat crash in Oshkosh
Contact Rebecca Loroff at 920-907-7801 or rloroff@gannett.com.
This article originally appeared on Oshkosh Northwestern: Oshkosh boat crash: Special prosecutor requested to avoid conflict
