A Connecticut Department of Environmental Protection (DEP) investigation of a fatal boating accident on Candlewood Lake last summer has concluded that the accident resulted from the failure of the operator of a Formula vessel to properly yield to the second vessel involved.

DEP Environmental Conservation (EnCon) Police responded to the accident, which occurred on July 19, 2008 at approximately 2:30 a.m. in the vicinity of Chimney Point on the northeastern section of the lake, in the town of New Milford.

The investigation determined Mr. Richard Layton, Jr. of New Milford was the operator of the 24 foot Formula boat. He was accompanied by Mr. Kevin Sullivan of Bridgewater and Mr. Jason Wanat of Redding. The second boat, an 18 foot Triton, was operated by Mr. William Daddio, accompanied by Mr. Michael Iannucci, both of New York. Mr. Layton, Jr. and Mr. Wanat perished from injuries sustained in the accident.

The EnCon Boating Accident Reconstruction Unit (BARU) conducted an extensive accident investigation including an examination of all physical evidence, witness statements and survivor accounts. The investigation concluded that the vessel operated by Mr. Layton, Jr. failed to yield to the vessel operated by Mr. Daddio as required by the federal rules of navigation leading to a collision between the two (2) vessels. The investigative report also says that other contributing factors to this accident were the time of day, alcohol, and excessive speed.

The Office of Connecticut’s Chief State’s Attorney has reviewed the BARU report as well as the evidence surrounding this matter and will not be pursuing criminal charges.