A 35-year-old Port Byron man who earlier was charged with operating a boat while intoxicated now faces child-endangerment charges.
Earlier incident on the river
About 9:15 p.m. Aug. 13, a Department of Natural Resources officer was patrolling on the Mississippi River on Pool 14 in a marked DNR patrol boat and was just north of the Princeton Beach when Cedar Rapids State Radio dispatched a call from a boat “that was possibly struck by a barge and had capsized and was in the area of Green Gables Marina in LeClaire,” arrest affidavits say.
The officer and LeClaire Police arrived at Green Gables Marina and spoke with Michael Henry, who was identified by witnesses as the operator of the boat that was capsized, affidavits say.
Officers spoke with Henry while he sat on a rock near the office at the marina. He had watery eyes and admitted to having two rum-and-Coke drinks while out on the boat, affidavits say. During field sobriety tests, officers saw signs of impairment.
Henry became uncooperative when asked if he wanted to make any phone calls after being read the implied consent advisory and when asked if he would provide a sample of his breath, affidavits say.
He was transported to the Scott County Jail, where he was released on bond.
More charges filed
Henry, who was arrested on a warrant on Monday, now faces four aggravated-misdemeanor charges of child endangerment, according to court records.
An arrest affidavit says Henry drove his boat very close to a barge – about 30 feet from the tugboat – causing his boat to capsize after going over three waves from the tugboat. That left four children stranded in the water.
Henry “also ignored a series of horns and whistles from the tugboat signaling the defendant was too close to the tugboat,” the affidavit says.
A serious misdemeanor in Iowa is punishable by up to one year in jail and a fine. An aggravated misdemeanor can carry a sentence of up to two years and a fine.
Henry, who has been released on bond, is set for arraignment Sept. 29 in Scott County Court.