WASHBURN – A charge of prohibited operation of personal water craft has been filed in South Central District Court against Dean Bartsch, 41, Minot. The charge, a B misdemeanor that carries a maximum penalty of 30 days in jail and a $1,500 fine, was entered with the court Wednesday morning.

Bartsch was the operator of a stand-up 2003 Kawasaki Jet Ski that was involved in a crash resulting in the death of one person and serious injuries to another. The collision occurred about 2:30 p.m. Saturday, June 9 at Strawberry Lake in McLean County.

Bartsch was thrown from the jet ski which, according to the McLean County Sheriff’s Department, “continued under apparent power and uncontrolled” when it struck two 10-year-old girls in a tube being pulled behind a boat. The injured girls were immediately taken to shore where family and by-standers attended to them while awaiting arrival of first responders.

Both girls were air-lifted shortly after the accident to the Gillette Children’s Specialty Healthcare Hospital in St. Paul, Minn. Haley Sundsbak, 10, Des Lacs, died of her injuries the day after the incident. Her friend, 10-year-old Abby Mikkelson, Minot, was initially listed in critical condition but later returned home and is recovering from her injuries. Injuries to the two girls were extensive, including skull fractures, broken bones and various internal injuries.

The charge alleges Bartsch failed to attach a lanyard to his person which would have activated a kill switch, a safety device that is designed to shut off the motor of the jet ski. The jet ski was owned by Jason Fuller who was renting a property at Strawberry Lake. Bartsch had been given permission to ride the jet ski.

Investigation into the collision included an inspection of the jet ski by two qualified Kawasaki technicians and an on-the-water reconstruction of the tragic incident. The reconstruction concluded the jet ski traveled 150-170 yards from where Bartsch was ejected until it stuck the two girls. Estimates of the speed of the jet ski range from 25 to 75 miles per hour.

An affidavit filed with the court by Warden Brian Updike, North Dakota Game and Fish Department, says Bartsch told officers he had the jet ski’s lanyard in his hand when he fell off the machine, “But it was not attached to him, or it would have pulled out and killed the engine according to testing done on the machine by a jet ski mechanic after the incident.” The affidavit also says the jet ski had a “high idle and sticky throttle.”

When interviewed by authorities investigating the incident Fuller said he had owned the jet ski for two or three years and “added a performance pipe, had the engine powder coated, and installed a new impeller.” Fuller further stated that the jet ski idled fast but that he had corrected the problem.

Investigation by both Kawasaki Jet Ski technicians, operating independently, said the motor was not “stock” and that testing on the water would be unsafe due to the fast idle which caused the jet ski to rev up and gain speed. One investigator stated that his determination after examining the jet ski was that it contained numerous “after market” parts which included the throttle mechanism.

The weather at Strawberry Lake on the day of the accident was hot and nearly calm. Witnesses said there was a lot of recreational activity on the lake when the fatal incident happened.

The McLean County State’s Attorney determined Bartsch was in violation of statute 20.1-13-07 of the North Dakota Century Code which states an individual may not operate or permit the operation of a personal watercraft “Without a lanyard-type engine cutoff switch being attached to the individual, clothing, or personal flotation device of the operator, if the personal watercraft is equipped by the manufacturer with such a device.”

The state’s attorney said that although Bartsch was performing tricks on the jet ski prior to being ejected from it, there was no evidence to support felony charges against him. Such charges could be filed if it was determined the operator of the jet ski was behaving “recklessly” or “negligently.”

An officer responding to the scene administered a breath test to Bartsch who had admitted “having one about an hour ago.” The breath sample resulted in a reading of .018, far below the legal limit of .08 for intoxication. In addition, an investigator from the McLean County Sheriff’s Department determined that Bartsch’s physical condition showed “no indication of impairment.”

An initial court appearance on the charge against Bartsch has been set for 9 a.m. Wednesday, Sept. 5 in front of South Central District Judge Gail Hagerty. Bartsch is the only person charged in connection with the incident.