Onondaga County Sheriff's Office Felony Complaint pee 17381120 State of New York County of Onondaga People asthe Stare af New Vork Town of Skaneateles bien M Hind Defendant) 1211-1988 bow 1 Deputy Mekenna the complainant herein, accuse the defendant(s) in this action, and charge that on or about the 07-02-2017 = 33.44 West Lake Road @ Skaneateles Country Club inthe Town gp Skaneateles County of Onondaga. State of New York, a oraboutthe 1918 hes said defendant did commit the felony of Sree eececaeeCeEEEEC ‘Vahicular Assault inthe Fist Degree ray to Te provisions oT SEATON 120.04 sub 03 ofthe Penal Law of the State of New York To wit: On the afore mentioned date, time and location the defendant, Frich M. Lindhorst did operate a vessel that being a 1997 white Sea Ray bearing NY registration 1680HT while in an intoxicated condition in violations of seetion 49-a2(d) of the Navigation Law. While operating suid vessel the defendant did cause serious physical injury to Kyle Crosley (04-24-1989), Said defendant did eause the injuries by reversing the above vessel into Kyle who was standing inthe water, Kyle sulfeed severe leg and arm lacerations trom the propeller Kyle wes at lilted by LIFENET to Upstate Hospital where he immediately underwent emergency surgery. Additionally, said defendant has been previously convicted 9F 1192-1 Driving While Ability Impaired by Alcohol on 01-29-2010 that heing within the preceding 10 years, The source of Complainants information and beliefare derived from Defendant admited, ola enforcement, commiting the ats constituting the crim charged ergin The attached sworn writen alfdavi(s) of Erich Lindhorstfames Bucher Cally Weddle, Zachary Walter. Zachary Memullin, Tessa auger and Jaclyn Merlin ET PERSONALI [Q_ THEDEFENDANT HAS BEEN ISSUED AN APPEARANCE TIC! DELIVERTO at ON THE, DAY OF TO APPEAR ON THE DAY OF AT 20 (WHEREFORE IREQUEST THAT CRIMINAL PROCE AFORESAID ACCUSATION, NOTE: False statements made herein are punishable as u Class A misdemeanor pursuant to section 210.45 of the Penal Law ofthe State of New York AFFIRMED UNDIER PENALTY OF PERJURY this, 3rd day of July 2017 2g ae ‘vison Date: 11232016 ‘COMPLATNANT $$ BE ISSLIED TO COMPEL THE DEFENDANTTO ANSWER THEVoluntary Affidavit ee DR # 17-351120 of ‘Onondag of | Skaneateles wn I, Erich M. Lindhorst . being duly sworn, deposes and says: that lam 28 years of age with a date of birth of TD. | reside ot AAAI Cortland, NY 13045 and my phoned is 1 Thave the right to remain silent. 2. Anything I say can be used against me in court. 3. Ihave the right to an Attomey, to speak with him before I speak to you, and to have him with me while I talk t0 you. 4 If Tcan not afford an Attomey, I'll be provided one without cost 5. If decide to talk and then change my mind, I can stop talking at any time. 6 Tunderstand these rights and I wish to speak with you, Tam voluntarily giving this affidavit to Deputy J.M. McKenna from the Onondaga Sherif?’ Office. Tam giving this statement on 7/03/2017 at 00:07 Tam giving this at OCSO South Station ‘On 07/02/2017 at about 3:30pm I was on my friends, QM boat and we went to "the cove" on Skaneateles Lake near the Country Club, While at the cove we tied up to another boat with kids we know from highschool. We stayed there having a few beers, listening to music, and went swimming. People were getting ready to go and we untied from the other boat. €@Q@BW told me to pull up the anchor and we started drifting the boat ‘was idling, There was another boat in front of us and I looked around and didn't see Kyle behind the boat and I didn't want to hit the boat so I put in in reverse and I heard (MM yell "No, No" I put the boat in neutral and shut it off. Thatis when Isaw Kyle had a cut on his leg and the water was all red around him. I threw Kyle a buoy with a line on it and told him to tie it around his leg tight. They swam him to shore and I stayed with the boat and dropped an anchor and tried to stop it from hitting the rocks, I wasn’t driving all day I just put it in reverse I was trying to help. [have cooperated with the police. Thave read this 01 page affidavit and swear that is the truth to the best of my knowledge and recollection, I know the meaning of perjury, itis the telling of a lie while under oath and I know that false statements made herein are snor pursuant to Section 210.45 of the Penal Law of the State of New York. punishable as a Class A ‘i EZ Witness Deponent\ Voluntary Affidavit av York bri 17-351120 & Onondaga of Syracuse am 27 years of age with a date of birth of ses and says that L and Ireside at my phone number is Tam voluntarily giving this affidavit to Dep. J. Hickok from the Onondaga County Sheriffs Office. Tam giving this statement on 7/02/2017 at 07:14 PM. Lam giving this at Upstate Hospital Twould ike to state that my fiance, Kyle Crosley, and Ihad gathered with some friends in Skaneateles today to go ‘out on a friend's boat wut Kyle and I met with several friends 2 QED apartment on has a boat that is docked behind his apartment. Our friends Kyle, and myself ll went out on the boat together forabout ahalfhour | close by Skaneateles. A fier being out on taller in the day. We didn’t really go far, we kinda just hung out ia the area lly docked and picked up ot I don't recall exactly what time it w: in the village of Skaneateles. for a little while, we drove the boat back in to where it was original another friend, Eric Lindhorst. “as driving the boat this time and we drove over to alitle cove by the Slaneateles Country Club and anehored the boat, We met up with some otter people that we knew thathad ther own boats For aboutan hour and a half, we were al either hanging out inthe water oron the boat We brought a cooler of Miller Light 12 0z, beer cans that most if not all of us had bean drinking, dink that of all of sD ond sie Lindrorst had probably drank the least because they had been out on the boat forthe least amount of ime, I don't | think anybody was actualy really drunk | boat for abit, we started to get ready to go back to the apartment — | and dock the boat, I was on the boat at this ime and the only person left in the water swimming was Kyle, I was Tooking back at Kyle and saw that he was swimming towards the back ofthe boa © clim back inside of it. When Kyle got to the vary back ofthe boat the motor stared. I immediately sav Kyle go undemeath the water It was f90 fe me to do anything as Kyle was already underwater. [ panicked and vent to look to see where Kyle went I | wee em nesurface towards the font ofthe boat shorly after. By this ime the motor had been shut off and evenybed prety much had jumped into the water to try 10 see if Kyle was hurt and to gethim to shore. Think —_— and a guy from another boat nearby were able to get Kyle to shore. He was not able to get to shore on He own | don't know who, but somebody had called 911 at that point. [saw that he had preay bad cuts to his erm and one of hs legs that must have been from the propellers. After everything had happened, Bric had come up ip the apologizing saying that he "didn't know that Kyle was back there". This led me to belive that Ere hhad been the one that had started the boat motor. ‘After continuing to hang out around and on the Although [knew that Kyle was behind the boat and near the motor | dot think that Eric knew. Otherwise, he wouldn't have started the boat. He didn't do this intentionally. have read this | page affidavit and swear that is te ruth to the best of my knowledge and recollection I know the meaning of perjury, itis the telling of a ie while under oath and I know that fase serpents made herein are punishable as a Class A rpfedemeangr pursuant to Section 210,45 of the Penal Law of the Statgs ett a or Witness jeponent’ Voluntary Affidavit 7 York Dra Onondaga of Skaneateles ly swom, deposes and says that Lam 28 years of age with a date of birth of and being dul Treside at kaneateles NY 13152 - my phone number is Lam voluntarily giving this affidavit to Deputy Coyne from the Onondaga Counly Sherif?s Office. Lam giving this strement on 7/02/2017 at 0640 PM Lam giving this 2t SQ AARRIBES oneacolas Lvould like to say that on 07/02/2017, around noon, [had Sil Kyle Crovsley, Enc Lindhorst, ] a ame i ny ro MMB, 7 Eathe GBR ve 0 my Louse o have food. My fiends and wanted to go down tothe sandy area on Skancateles Lake | near the golf course. My parents and the @QMMMMBM decided to leave so my friends and I went down to the sandy-area. We goton my boa, whichis white and bye 19 sea ry, and met two othe oats inthe sandy axeanear the golf | course on Skancaleys Lake, We were hanging outin the waterfor couple ofhous. My fend Kyle wasin the | water and was tyin§ to get back on my boat. Kyle was near the back of boat and I reached my hand out o help him 4 on. While I am tying to help Kyle back on my boat, Eric Lindhorst put the boat in gear. Once [heard the boat | in gear I kaw it was going to be « bad situation. The boat went in to gear and Kyle's body got sucked under the boat [jumped in the water immediately and started to feel for Kyle's body. [found Kyle and pulled him up to the surface. Isaw how badly injured he was. I saw a massive laceration to Kyle's ight femur and could see his main vein down his femur which was shredded, I was screaming for help and someone threw me rope and I started to wrap the rope around[his femur to make a tourniquet who was on another boat yelled to keep it as tight as possible. Tsaw a Wound on his right arm as well but didn't see any bleeding. | kept pressure on his right leg and dragged him to shore. Once on shore we held pressure on his wound and writed for fire and police show up. 1 \was yelling for help and was getting tired so someone else took over for me While we were in the water people were drinking on the boat but not tothe point of intoxication, [am still unsure at of the boat why Bric put the boat in gear. Lam no the was thinking. Eric was only in the captain's secause he was playing music for us | we read this O1 page affidavit and swear that is the truth o the best of my knowledge and recollection. Eknow the telling of a lie while under oath and I know that false statements made herein ace punishable 210.45 of the Penal Law ofthe State of New York. aa Witness aning of perjury, itis the Class A misdemg, to Seirs Voluntary Affidavit ew York Ra 17-351120 vf Onondaga of Skaneateles being duly swom, deposes and says that | an 24 years of age with a date of birth of 4 ELS STE reside ¢ QAM Sicancateles NY 13152 and ay phone number's Tam voluntarily giving this affidavit to Dep. Maggiolino from the Onondaga County Sheriff's Office. Tam giving this statement on 7/02/2017 at 07:30 PM. Lam giving this 2t AMI Sian eateles Twould like to say that my boyfriend, SIEGNIMMMNEDs parents keep their Sea Ray motor boat docked at our apartment complex located at kaneateles, Today several of our friends came over to go out on the boat. Those friends include: Ky’e Crosley and Eric Lindhorst. All of them came over to our apartment around 2:00 PM and went out to the bog All of my friends began drinking | | alcoho! around this time. The only thing I had to drink today was a Sangeif™@id one Miller Light. After everyone -d we took a ride in the boat around the lake then anchored at Sandy Beach near the Skaneatles Country Club... | around 9:45 DM. We were hanging out there for about an hour swimming and riding jetskis. Around 5:44 PM Kyle | Crosley and ‘were swimming in the water directly behind the boat while Eric Lindhorst, Band ind myself were sill in the boat, MEIN and Kyle Crosley were stil in the water right behind the propeller when Eric suddenly started the boat. When Eric stated the boat I could feel it surge and move backwards. [looked back in the water and saw that Kyle had disuppeared undemeath the boat Kyle then emerged in the water on the side of the boat. Kyle yelled "What the &§)!" at Eric and SBMIscreamed "What the hell!". I saw that Kyle looked down at his leg which | could see had a deep lacaration on it. I got my cell phone and called 911. I believe Eric had around 10-11 beers today between 2:00 PM and the time the accident happened. Eric was drinking a combination of Bud Light and Miller Light. I was suprised when Eric stated the boat so quickly because we were not in a hurray to leave and not everyone was in the boat — a | have read this page affidavit and swear that isthe truth to the best of my knowledge and recollection. [know the reaning of perjury, itis the telling of a lie while under oath and I know that false statements made herein are punishable sa Class A misdemeanor pursuant to Se¢tjon 210.45 of the Penal Law of the State of New York. Avil a.Voluntary Affidavit ew York Dat 17-351120 af Onondaga a of Skaneatel | See sbeing duly swom, deposes and says that I sm 30 years of age with a date oF birth of Beside 3 SM Homer NY 13077 and my phone number is from the Onondaga County Sheriffs Ofiice Tam voluntarly giving this afdavitto Deputy R. Renaud am giving this statement on 7/02/2017 at 19:00 Lam giving this ACM Skaneateles On 071022017 around 1:30p.m. Tweat to Skaneateles Lake go on my ‘friend QQ boa. We were on WEBB Sea Ray 190 boat There was 7 of us on the boat Kyle Crozley, Eric Lishust, 274 QM We were hanging out at Sand Bar SRW 2c Kyle Crozley were in the water while everyone else was on the boat. I walled towards the back ofthe boat before I knew ithe bent nec nn Sear Erie Tgaurst was sting in the boas chiver seat at the time when I heard the boat go into gear. I then saw rey | one buddy, }come up and say “oh my god what thef@@i@". I then looked over the boat and saw Kyle Crozley's leg split wide open outside the boat ‘and two other guys were in the water so I jumped into the ag helped bring my fiend Kyle Crozley to hore, While we were bringing Kyle to shore we were yeling |"call911".Idid not notice Kyle Croziey drinking during the da | ‘aning of perjury, it isthe telling ofa lle while under oath and {know tha fle statements made herein a punishable ursuant bf Section 210.45 of the Penal Law of the State ofNew York a The Mepsey_ ene Witnace lave read this 1 page affidavit and swear thats the truth tothe best of my knowledge and recollecioh I know the a Class A misdoe : Voluntary Affidavit ‘New York Ra 17-351120 of Onondaga yum of Skaneateles and says that I am 28 years of age with a date of birth of aT being duly swom, depo: Es ind ny phone nner is fiom the Onondaga County Sheriff's Ofice. Tam voluntarily giving this affidavit to Deputy R. Renaud Tam giving this statement on 7/02/2017 at 19:29 Lam giving this at SA, Skancateles NY ‘On 07/02/2017 around 1:30 p.m. I went to Skaneateles Lake to g0 on @0008 boat. I was with SI ate ss ees , Kyle Crozley, SEEM Eric Linhurst. We were tied up with other boats at the Sand Bar hanging out.. We were going to untie the boat and leave, becaus® we thought the rain was going to come in. }was still in the water with Kyle Crozley while Eric started the boat. I was on the front of the boat when saw blood in the water and realized Kyle's leg was cut open, Wiiimpcalled 911 along with other boats. I stayed on the boat with jm and Eric, while everyone else assisted Kyle Going to shore. The police then towed us over to the dock, (have read this 01 page affidavit and swear that is the truth to the best of my knowledge and recollection. I know the nneaning of perjury, itis the telling of a lie while under oath and I know that false statements made herein are punishab! sa Class Ay , ciion.210.45 of the Penal Law of the State of New Yor — Veay PtP?2 ) Deputy Sheriff Voluntary Affidavit ‘DRA 17-351120 ew York of Onondaga n of Skaneateles sbeing duly sworn, deposes and says that | am employed by the Onondaga County Syracuse, NY 13202. My work contact number Thave been employed by the 02/2017 qt 21:18 4, Dep. J. Hickok Sheriffs Office, Police Department, kicated at 407 South State Street, is Tama Deputy currently assigned to Patrol Onondaga County Sheriff's Office since 2015 - Lam giving this statement on igned to unit 4507C on 07/02/2017 at 1745 hours, I was dispatched to a personal in the area of Skaneateles Country Club located at 3344 W. Lake Rd, in the T/ Twould like to state that while assi injury complaint on Skaneateles Lake Skaneateles. Upon arrival, I was confionted by aman who identified himself 25 STi. This individual approached me and was visibly distraught and began demanding to me that [ have "Air I" start forthe scene. @HMMMstated that one of his fiends had been injured by a boat propeller. SQW eyes were extremely watery, the smell ofa eonsurned alcoholic beverage was emanating from his breath, and his speech was mildly slurred. [ asked Mr. li to please ‘wait in the parking lot area of the country club where all non-essential personnel were standing, Mr. (i had to be asked to remain in this area several times by myself as well as members of Skaneateles Fire Dept. {then approached the Skaneateles Fire and ambulance personnel who advised that they had a vitim that was in mbulance at this time and that a toumiquet had been applied to the victim's leg due to severe lacerations al hemorrhaging. I made necessary notifications to both arriving patrol personnel as well as unit 4585-Dep. McKenna and Dep. O'Nel, the Navigation Unit. At this time, the boat involved in the incident had not been dented ho was conscious and appeared to be lucid and able to Tentered the ambulance where [ located the victim, w Kyle Crosley. I observed that Mr. Crosley's left arm was answer questions. The victim identified himselE to me as bandaged in the area of his forearm where it appeared that he had suffered a laceration. l also obse-sed heavy bandaging tothe upper-right leg of Mr. Crosley. From where I siood inside of the ambulanee lesald sen small amount ofa very deep laceration on Mr. Crosley’ right leg with a large amount of pooled blood on the oer of the ambulance, Mr. Crosley advised EMT personnel in the ambulance at the time that he was experiencing a"7 out of to" on the pain scale. Yasked him ifhe had any recollection ofthe events preceding the accident, He adviees that he and his friends were out in the water with another friend's boat. He said that he believed that he was trying to swim Guiards the rea ofthe boat to get back inside oft, While he was swimming towards the boat, the motor wie or Once he gotto the rear of the boat, the motor turned on at which point he was struck with the propeller. Ithen briefly spoke with Mr. Crosley's fiance, MMMM, who was seated in the passenger seat of the Eo ocay ambulance. Ms, advised that several friends, Kyle, and herself had all gone out onl and had anchored in the cove near the Skaneateles Country Club. the best of my knowledge and recollection. I know the ' know that false statements made herein are punishable al Law of the State of New York. (S26 Revision Oat 127292016 Thave read this 2 page affidavit and swear that is the truth to meaning of perjury, it is the telling of a lie while under oath and asa Class A misdemeanor pursuant to Section 210.45 of the Pens Rar, Z 1620 _ uals = Deponentweputy nerut voumeary Auuayi ork e pre 17-351120 nondaga of Skaneateles Net responded to the scene shortly thereafter and transported Mr, Crosley to Upsiate Hospital. Atthis time, 1 sported Ms. QB to Upstate Hospital in the back seat of my patrol vehicle. Upon ariving at the hospital, Ms. provided me with a detailed voluntary affidavit of the incident. Di with Upstate Hospital advised me that Mr. Crosley was being listed in critical condition and was in the process of being transferred to the Operating Room. iS rave read this 2 page affidavit and swear that is the truth to the best of my knowledge and recollection. I know the caning of perjury, itis the telling ofa Iie while under oath and I know that false statements made herein are punishable a Class A EE int to Section 210.45 of the Penal Law of the State of New York. LZ [b%0 AL UU ees ee eli Deponent Witnessore Voluntary Affidavit _ New York Re 17-381120 Fok Onondaga lage of Skaneatcles being duly swom, deposes and says that Lam 57 years of age with a date of birth of (James P. Buehler and Treside at QUEERS cancateles, NY 131 say phone number is fipm the Onondaga County Sheriff's Office. (am voluntarily giving this affidavit © Dep. T. Crysler am giving this statement on 7/02/2017 at 10.00 PM Lam giving this i QAM. Skaneatles, NY TJames P, Buehler am with the Skaneateles Fire Dept, the Ist Asst. Fire Chief and also a certified EMT. T was acting as such on 07/02/2017 at 1747 hours when I responded to the Skaneateles Country Club located at 3344 West Lake Rd in the Town of Skaneateles regarding a boat accident. When I antived in the wedding area, where Sandy Beach is located at the Skaneateles County Club, I retrieved my first aid kit and put on my PPE. [then went where the patient was located and observed a white male on the ground next to the water with about 4 or 5 people surrounding him. I noticed thet there was a tourniquet placed around his right upper thigh near the groin area, due to a cut approximately 4 to 5 inches long by 11 inches wide. This cut was deep enough to allow me to see muscle and fat tissue. [then noticed a cut on his upper right bicep area, which they ‘were preparing to apply a toumiquet to. This cut that was approximately 4 inches wide by 4 inches long. Lalso noticed muscle and fat tissue with this injury as well. The individual was conscious and breathing but appeared to be in shock, he was in a great deal of pain and was able to remain calm. Iwas advised by Dep. T. Crysler that the victims name was Kyle Crosley(04/26/1989). I would just lke to add that I have had past experience with prop cuts from boats and in my opinion, these injuries stated above appeared to be caused by the prop of a boat. Z page affidavit and swear that is the truth to the best of my knowledge and recollection. I know the , itis the telling ofa lie while under oath and I know that false statements made herein are punishable zaning of pes} a Class A misdemeanor purstiant to Section 210.45 of the Penal Law of the State of New York. > Dep TE : zh hr Lee zh ant vave read this 1