According to documents obtained by CBC News, a Canadian news outlet, police said an alcohol screening test administered to Linda O'Leary at the time of the accident registered an alert. Before submitting to the breathalyzer, Linda told police she drank vodka after the crash occurred and said she could not recall who gave her the alcoholic beverage.
Linda O'Leary was charged in September with “careless operation of a vessel” in connection with the Aug. 24 accident in which her vessel struck a larger vessel on Lake Joseph in Ontario, killing two people.
Following the accident, Kevin, 65, issued a statement to TMZ saying he was a passenger on the boat, which “had a tragic collision with another craft that had no navigation lights on and then fled the scene of the accident."
The Ontario Provincial Police also charged Richard Ruh, who was on the vessel that was hit, with "failing to exhibit navigation lights while underway."
At the time, Linda's lawyer, Brian Greenspan, said it was regrettable and inappropriate that police had decided to charge her with a "regulatory offense under the Shipping Act."
The O'Learys are being sued for wrongful death by one of the victim's families.