^ Three cases actually - one criminal, two separate civil suits.

The indictment was handed down by Cullman Co grand jury yesterday. A true bill: 3 counts of manslaughter, 2 counts of 1st degree assault, operating a boat without a license and a few other misdemeanors. 

Just to be clear on the charges, the state elevated the manslaughter charges to the reckless level, and it will be compounded by the fact he did not possess a valid operator's license at time of the accident.

 

https://www.cbs42.com/news/boater-in-deadly-smith-lake-crash-indicted/

 

CULLMAN COUNTY, Ala. (WIAT) — A professional fisherman was indicted Thursday on multiple counts, including reckless manslaughter, following a boat crash on Smith Lake that killed three people earlier this year.

 

On April 16, Joey Malone Broom, John K. Clark and Jeffrey C. Little were killed when a boat driven by pro angler Flint Davis collided with their boat during a fishing tournament held by Major League Fishing. Two others, Gary Holcombe and Luke Morgan, were also injured in the crash.

 

Officials with Cullman County EMA said the crash happened around 7:07 a.m. that Wednesday in the area of Burr’s Island outside of Miller Bottom. The Alabama Law Enforcement Agency said Davis was not paying attention when he hit another boat at nearly 70 miles an hour.

 

Davis was indicted on three counts of reckless manslaughter, two counts of first-degree assault, reckless operation of a vessel, failure to follow boating rules of the road and boating without a boater safety certification.

 

Davis was arrested Thursday night. He was released Friday morning on $115,000 bond.

 

“The lake was not congested,” said ALEA Marine Patrol Chief Matt Brooks. “Vessel traffic was light, even with the fishing tournament ongoing. Alcohol was not a factor. The weather was not a factor.”

Brooks said the main contributing factor to the crash was Davis not paying attention. Davis traveled in a straight line and a consistent speed with an unobstructed forward view for at least a mile before the crash, Brooks said.

 

“Mr. Davis did not possess a valid Georgia boater education card, which is required to obtain before operating a vessel in the public waters in his home state of Georgia, and he did not possess a valid Alabama nonresident vessel operator’s certification or license,” Brooks said. “The Code of Alabama, specifically Title 33, required Mr. Davis to have held one of those at the time of the incident in order to have legally operated a motorized vessel.”

 

Along with the indictments, a grand jury also gave three recommendations, which Cullman County District Attorney Champ Crocker shared.

 

“Number one, that all fishing tournaments in the state of Alabama require participants to provide proof of boating safety certification, boating licenses and any other license required by law,” Crocker said. “Number two, that all fishing tournaments in the state of Alabama facilitate safety education for participants. Number three, the facilitators of fishing tournaments owe a duty to participants, to nonparticipants who happened to be on the water during fishing tournaments and the general public to promote safety during fishing tournaments.”

 

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Penalties for Reckless Manslaughter

The penalties for reckless manslaughter can vary widely depending on the jurisdiction and the specific circumstances of the case. However, they typically include a prison sentence, fines, and probation. In some cases, the defendant may also be ordered to pay restitution to the victim's family.

Jurisdiction - Typical Sentence

U.S. Federal - 10 to 16 years

U.K. - 2 to 10 years

Australia - Up to 25 years

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Young Flint Davis could be looking at some jail time out of all of this.

 

3 counts of reckless manslaughter

2 counts of first degree assault (with injuries)

1 count of reckless boat operation

1 count of failure to follow boating rules of the road

1 count of boating without safety certification

 

So many lives affected by this. Hopefully it never happens again, but what does that third recommendation mean? What sort of safety can tournament officials "promote" in the future I wonder? They make it clear the tournament officials "owe" it to everyone on the water and off the water- "the general public". So I wonder where this is headed? It seems rather vague at the moment.

 

Any word on the condition of the two injured men and extent of their injuries and recovery? This was all I could find:

 

"CULLMAN, Ala. (WBRC) - Two men are recovering after a deadly boat crash on Smith Lake that left three others dead earlier this week.

 

The survivors, Gary Holcomb and Luke Morgan, were seriously injured during a professional fishing tournament on Wednesday, April 16.

 

Attorney Ken Riley, who represents both men, says while their recovery will take time, they remain in good spirits.

 

“I’m pleased to report that although they both had very serious injuries, they are recovering,” Riley said. “It’s going to be a long road, but they and their families are holding onto hope.”

 

Holcomb, a longtime fishing guide who has worked on Smith Lake since 1992, was reportedly sitting still in his boat when it was hit.

 

The impact left him with extensive injuries."

That video is very very scary stuff. That impact is literally like standing on a highway and getting hit by a car. I couldn’t imagine having been that guy that had the video and looking over to see that. 

I mean watching the video it's really hard to see how they could say fog was a factor which in my opinion would let MLF off the hook altogether. Man that was rough to watch though. My guess is he was watching his graphs and/or not able to completely see over his graphs, both of which I have been telling folks I know is a big problem in tournament boater safety. We are in uncharted territory all the way around with boat electronics. This is just another example of just because you can doesn't mean you should. I have one 7 inch screen on my main console. I have no problem navigating or seeing what I need to on my graph. These giant graphs screens on the main console need to go away. Say what you will but this is ridiculous.

How does MLF allow someone who doesn’t possess the required licenses or certifications to fish in their tournament?  I don’t think there is any way MLF escapes liability arguments.

I don't necessarily think the graphs need to go away.  They just need to be mounted or placed in a location that doesn't obstruct the operators view.  Right in front of your face on the console is not an acceptable location.  All of these boats have room for a 12 inch screen mounted right in the console, flush style.  The boat is designed for it and it does not obstruct vision.  That's where the unit should be.

6 minutes ago, gim said:

That's where the unit should be.

Ya - but these guys are mounting another pair of those 12" screens above the console. So they're trying to 'pay attention' to three large screens at once while whipping across the water at ludicrous speeds.

Obstructing the operator’s view certainly should be a major concern, and one that needs to be addressed.   I think that tournaments, and maybe the states, should also look at distracted ‘driving’.  Choosing to obstruct your view is reckless, but to not even be looking is egregiously irresponsible.

I just looked at the video. Horrible to watch. What hit home to me is I can't tell you how many times We've had these big bass boats run past us at that range of speed, much closer to us than should be. And the thought " a few feet closer and it could have been us" is now in my head. 

 I remember seeing road signs " slow down- speed kills. This really brings it home. 

21 minutes ago, OldManLure said:

maybe the states, should also look at distracted ‘driving’

Charge them the same as 'texting while driving'. In MN first offense is $50 plus court fees, subsequent offenses are $275 plus court fees...and it's reported to your insurance company so your rates will probably go up as well.

Not sure how it is in other locations, but here in Florida we used to have an unwritten boater respect courtesy rule to slow down when passing by another sitting boat. Once you pass on by then go back to higher speed.

 

Very few people honor this old courtesy.

 

I still do. I even swing out wider to stay away from them as much as possible.

 

Yet when I sitting in a boat I can't tell you how many people fly past me in fast boats and jet skiis way too close. The jet skiiers chase fast boats just so they can jump over the wake. We need more water law enforcement, but it seems they choose to put the most money on the roads and highways on land and tend to ignore waterways enforcement to a large degree.

 

The primary law enforcement I see on the water are all wildlife and game officials. Every once in a while you will see a sheriff or police boat. Very rare. And now Florida has passed a law making it so police have to actually see a law broken before they can stop you to check you out. So they are making law enforcement tougher on the water. The police are now forced to do less policing and can only react now once an offensive has been observed.

 

The old saying was an ounce of prevention is worth a pound of cure. It seems like prevention is going out the window, and now only the cure is legal and funded. Surely there is a better way?

15 minutes ago, FloridaFishinFool said:

And now Florida has passed a law making it so police have to actually see a law broken before they can stop you to check you out.

 

How else would they cite someone?  LEOs always have to catch someone breaking the law in order to cite, unless they admit to it.

 

You can't issue a speeding ticket just because someone else said they were speeding.  Otherwise it's just one persons word against another.  It has to be caught in the act.  Evidence.

10 minutes ago, gim said:

It has to be caught in the act.  Evidence.

On the flip side of that, they can pull you over if just one brake-light bulb isn't working. They usually don't because it causes them more paperwork...but they're allowed to all the same.

33 minutes ago, MN Fisher said:

Charge them the same as 'texting while driving'. In MN first offense is $50 plus court fees, subsequent offenses are $275 plus court fees...and it's reported to your insurance company so your rates will probably go up as well.

I was cited in WV for ‘distracted driving’ for just holding the phone to my ear listening to messages…$125.00!  He told me he had just cited someone because they were eating a burger while driving.

That rule is on the books here too.  You cannot hold a phone while driving.  Has to be hands free device.

 

The amount of people I see blatantly not following this state law is staggering though.  It's nearly impossible to enforce.

3 minutes ago, gim said:

Has to be hands free device.

One thing I really like about the 'new' vehicle. Bluetooth link between my phone and the car. Total hands-free control of even my music.

I think wherever the graphs are mounted, if the driver is looking at them instead of looking where he's going it presents the same danger.  

 

I think too many guys rely on their GPS vs "knowing" where they're going so they are constantly glued to the screen while driving. Not sure if that's exactly what happened, but he was clearly looking at something other than what was in front of him.  

 

Wasn't a weather or navigation thing and he was going fast but the boat was mostly in the water and not up on pad so he wasn't going full speed (at least looks that way)... 

 

The boater safety stuff is really bizarre and disheartening to me.  He didn't have the AL one or one in his home state of GA....But I think I read where that he was guide or at least did part time guiding in GA.  For him not to have any sort of boating safety certificate is sort of inexcusable.  Obviously we know the courses are pretty darn easy and doesn't actually mean someone will be safe...But it's more about the principle of the matter that a guide and semi pro tournament angler couldn't be bothered to make the effort.  I sort of generally assumed that most tournament anglers have their stuff all squared away since rules generally require it and everyone I know personally has it all checked off...But now I don't know what to think.  

 

I've been a boater in tournaments since I was 16 years old, so I'm certainly not opposed to young guys running boats.... But when I was coming up it was a progression, started in small AL boats and worked up to bigger and faster rigs.  Seems as though these days a large percentage of HS and college kids start right out in 250hp rigs with no real experience.  If we want to talk about meaningful boat restrictions I think it needs to start at the developmental levels in HS and college.

I’ll be the dissenter here and make the claim it wasn’t the graphs that obstructed his view.  The graphs may have distracted him but they didn’t block his view.  He was running a straight line and had been for a long distance. His view would have been above the graphs considering the distance he traveled before the accident.  Simple physics will show how far ahead the graphs could have/would have blocked his view.  In my experience the dual mount graphs do obstruct your view but it is for a limited distance not the span he was traveling.  Height in the seat is also a factor but unless he is really short, most boat seats put your head above the windshield.  Sad,sad, accident.  

3 minutes ago, TOXIC said:

Sad,sad, 'highly preventable' accident.

 

Florida has a law that makes it illegal for there to be any visual screens to the driver that shows any sort of moving pictures like a video broadcast or pre-recorded video.

 

MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

316.303 Television receivers.—

(1) A motor vehicle may not be operated on the highways of this state if the vehicle is actively displaying moving television broadcast or pre-recorded video entertainment content that is visible from the driver’s seat while the vehicle is in motion, unless the vehicle is being operated with the automated driving system engaged."

 

I'm curious if those screens mounted in full view of the driver of the boat can show any type of moving pictures or display any sort of "broadcasted" signal? Like maybe moving maps or GPS or underwater video, or moving sonar video? Anything that might fit into the existing law?

 

My point is, if this law were to be expanded to include boats, it might go a long ways to removing driver distractions from boats?

 

They may also find an "out" in the law:

 

(3) This section does not prohibit the use of an electronic display used in conjunction with a vehicle navigation system; an electronic display used by an operator of an autonomous vehicle, as defined in s. 316.003(3); or an electronic display used by an operator of a vehicle equipped and operating with driver-assistive truck platooning technology, as defined in s. 316.003."

 

Would those large screens in the boat drivers face also be considered as part of the boat's navigational "system"?

 

I guess my whole point to this would be, does those large screens not only block forward vision to some degree, but are they also distracting the driver with moving information that might fit into the land vehicle law?

 

I am wondering if maybe in professional bass fishing the boats should include a navigator separate from driver?

 

If the pros are to "promote" safety in tournaments, it seems to me the first thing they should move away from are all things that would block forward view, and all things that could distract a driver. The boat driver should have just one job. Drive the boat. Nothing else.

 

I have noticed boat drivers while operating at high speeds are using their fingers to poke at screens or maybe screen controls. This is clearly a distraction. The texting while driving laws maybe should apply to boats as well:

 

316.305 Wireless communications devices; prohibition.—

(1) This section may be cited as the “Florida Ban on Texting While Driving Law.”

(2) It is the intent of the Legislature to:

(a) Improve roadway safety for all vehicle operators, vehicle passengers, bicyclists, pedestrians, and other road users.

(b) Prevent crashes related to the act of text messaging while driving a motor vehicle.

(c) Reduce injuries, deaths, property damage, health care costs, health insurance rates, and automobile insurance rates related to motor vehicle crashes.

(d) Authorize law enforcement officers to stop motor vehicles and issue citations to persons who are texting while driving.

(3)(a) A person may not operate a motor vehicle while manually typing or entering multiple letters, numbers, symbols, or other characters into a wireless communications device or while sending or reading data on such a device for the purpose of nonvoice interpersonal communication, including, but not limited to, communication methods known as texting, e-mailing, and instant messaging. 

He was on plane for a mile at 67mph without diverting when he hit the boat. He was definitely distracted.  Here’s the latest from the local news…

 

https://www.waff.com/2025/10/03/professional-angler-indicted-manslaughter-following-fatal-smith-lake-crash/

5 hours ago, FloridaFishinFool said:

Not sure how it is in other locations, but here in Florida we used to have an unwritten boater respect courtesy rule to slow down when passing by another sitting boat. Once you pass on by then go back to higher speed.

 

Very few people honor this old courtesy.

 

I still do. I even swing out wider to stay away from them as much as possible.

 

Heck, I do this in my canoe. I steer wide of recreational kayakers and other anglers.

 

On 9/26/2025 at 10:01 AM, RHuff said:

I think fishing out of 21 ft long 250HP boats that run nearly 80mph is not only dangerous but also ignorant. Does it make sense to allow pedestrians on bicycles to ride down our interstates?

 

Good point.

 

Thankfully, the waters I fish are protected by Mother Nature from bass boats. There are enough bass boat-gutting rocks to keep any aquatic Speed Racers from launching.

I'm all for technology, but did anyone else see the reports about the 2 Amazon MK30 delivery drones that crashed into the crane in Arizona while the sun was up? They weigh 85 pounds each and I assume have some of the best tech Amazon's billions can buy. 

 

www.foxbusiness.com/economy/amazon-delivery-drones-crash-crane-prompting-ntsb-faa-investigation

Just another thing to consider, if the screens were deemed to be a contributing factor, wouldn’t every manufacturer of the dual screen mounts be open to lawsuits?