Trial Underway For Charles Luetke, Charged For Deaths Of 2 Men In 2010 In Barge Accident

Tuesday, May 13, 2014 - by Hollie Webb
Attorney Samuel Hudson
Attorney Samuel Hudson
- photo by Hollie Webb

Defense attorney Samuel Hudson said Tuesday afternoon, "Everything Captain Luetke did that day was reasonable based on professional experience." Charles Luetke, now 42, is charged with criminally negligent homicide after the drowning deaths of two men whose fishing boat was struck by a tugboat piloted by Luetke in 2010.

However, prosecutor Lance Pope said, "Think about all the opportunities that the defendant had to avoid that collision, all the training he's had, the manpower he had at his disposal to keep a lookout.

To make sure that they were being safe." 

Attorney Hudson said, "The state will try to convince you that Mr. Luetke had every single chance in the world to avoid this accident. So did the recreational boat."

He told the jury that on the day of the accident, the sky had been perfectly clear and visibility had been around seven to eight miles. He also pointed out the barge, named the Bearcat, had only been going five miles per hour and was 21 feet tall.

He said, "So for a distance of seven to eight miles, that would have been visible coming down the river." 

In his opening statement, prosecutor Pope said co-pilot Will Stevens had alerted Luetke that something was wrong, saying there was a strong odor of gasoline and a foreign gas can lodged in the front of the barge.

However, according to the prosecution, Luetke decided to continue on. Attorney Pope said Luetke "assures Will Stevens that there is nothing wrong and they keep on moving down the river. At some point in time, Luetke is notified that a barge has hit a boat." Still, Luetke said it could not have been them. 

While David Wilkey was able to escape from the accident, both Richard Wilkey and Tim Spidle drowned.

Attorney Hudson noted that both were found to have a BAC of approximately .2, over twice the legal limit to drive a vehicle. Mr. Spidle had also smoked marijuana. 

The first witness on Tuesday was Andrew Thompson, a Bradley County resident who was on the river and one of the people who responded to the capsized fishing boat. He did not see the accident and at first thought the boat was a flipped jet ski.

He said his father tried to perform CPR on Mr. Spidle but he never got a pulse. 

Attorney Hudson asked, "Based on what you saw...those boaters should have saw that barge shouldn't they?" Mr. Thompson said, "I would think so."

The next two witnesses were Carolyn and Jeff Rice, a couple who had also been out on the river that day, stopping to help when they saw the fishing boat. 

Mrs. Rice said, "As we got closer we could see that it was the underside of a boat and there was a man hanging on it. My husband jumped in the water and I called 911."

She and her husband both spoke to David Wilkey after his rescue and said he did not smell of alcohol or marijuana.

Mr. Rice said, "He just seemed like he was in shock. I mean, good grief, I can't imagine going through that. I never thought that he was under the influence of anything. I realized that he had just been through a traumatic experience and was dealing with that." 

Sean Fairbanks, another boater to respond, was the fourth witness. He said, "I wanted to roll the boat over to make sure no one was under the boat...The man we were talking to kept wanting to know where his buddies were."

The last witness was W.G. "Buck" Campbell, an employee of the Bradley County Sheriff's Office and a Certified Accident reconstructionist. 

From his calculations based on measurements of the boat and the river, for any barge like the Bearcat, he said there would be an approximately mile-long blind spot directly in the front.

However, attorney Hudson said the calculations did not take into account the barge rising and falling in the water. He said a boat would not have a constant height because of this.


St. Elmo Check Into Cash Employee Robbed At Gunpoint

A Check Into Cash clerk was robbed at gunpoint on Monday evening. Investigators with the Chattanooga Police Department responded at 6:34 p.m. to a robbery from a business at 3801 Tennessee Ave. Upon arrival, officers spoke with the store clerk, and the  clerk reported speaking with the suspect who then brandished a pistol.  The suspect walked the clerk ... (click for more)

Hamilton County Resident Lynea Ransom, 36, Charged With TennCare Fraud

Lynea Ransom, 36, was charged with TennCare fraud in Hamilton County, with prescription drugs. The Office of Inspector General (OIG) announced that L ynea Ransom , 36, of Chattanooga, is charged with nine counts of TennCare fraud. She is accused of fraudulently using TennCare to obtain the painkillers hydrocodone and oxycodone by doctor shopping, or going to multiple ... (click for more)

The City Failed To Watch The Chattanooga History Museum Dollars - And Response (3)

The tell tale signs of the History Museum's folly have been evident for years. When I was a former member of City Council I interviewed Dr. Daryl Black, Ph.D. to determine if I should argue for or against the annual funding of his organization. His interview, the multi-year history of administrative non-performance (despite consistent repetitive funding), and a review of the organizational ... (click for more)

Roy Exum: The Momma Bears Roar

If I could count Hamilton County’s best educators on one hand, Normal Park Elementary Principal Jill Levine would be the biggest finger. What she and her faculty and a dazzling commitment from both her students and parents have accomplished is an educational dream. I am told people literally move to North Chattanooga just so their children will be zoned for the award-winning school. ... (click for more)

Bradley Edges Cleveland, 88-86, On Copeland Game-Winner In Fourth OT

CLEVELAND, Tenn. – Monday turned into a more bang for your bucks night at Jim Smiddy Arena. But, the capacity crowd probably should have expected the bargain. Back on Dec. 8, Bradley Central knocked off bitter rival Cleveland in an overtime thriller. On Monday, the two teams took a walk on the wild side in a colossal four-overtime, 88-86, District 5-3A barn-burner ... (click for more)

Chattanooga Softball Picked To Win SoCon Title

The Chattanooga Mocs have been selected as the preseason favorite to win the 2016 Southern Conference softball title by the league's head coaches. Senior second baseman Criket Blanco was named Preseason First-Team All-SoCon and sophomore pitcher Cori Jennings, senior shortstop Alyssa Taylor and senior outfielder Sam Taylor were selected to the Preseason Second-Team All-SoCon. ... (click for more)