Iowa DNR press release as follows...on Brosnahan matter

For Immediate Release Aug. 23, 2005 ARREST WARRANT ISSUED IN OKOBOJI BOATING FATALITY OKOBOJI — Officials in Dickinson County have issued an arrest warrant for Justin Allen Nearman, 29, of Sioux Falls, SD, in connection with a fatal boating incident which took place on West Lake Okoboji in the early morning hours of Aug. 12th. Nearman is alleged to have been the operator of a boat involved in a collision that killed Michael Joseph Brosnahan, 51, of Perry, and seriously injured his wife Jill, age 50. Today, based on the investigative findings, and in consultation with the Dickinson County Attorney, the DCI charged Nearman with operating a motor boat while intoxicated resulting in the death of another person, a class B felony and operating a boat while intoxicated resulting in the serious injury of another person, a class D felony. Mr. Nearman was taken into custody by officials in Sioux Falls, S.D. and is being held on bond of $42,250. JUSTIN A. NEARMAN This investigation is ongoing by the Iowa Department of Natural Resources, Iowa Division of Criminal Investigation, and Dickinson County Sheriff’s Office. Also assisting were a number of area law enforcement agencies and the Okoboji Lakes Area Fire and Rescue. Investigators also identified Ryan Deighton, 21, of Sioux Falls, S.D., as a passenger on the boat allegedly being operated by Nearman, however, it is anticipated no charges will be filed against Deighton. These charges are merely accusations, and defendants are presumed innocent until and unless proven guilty.