Brent Veitengruber

A family remembers by getting a law changed

Boating accident on September 1, 2002 on Wixon Lake in Gladwin County, Michigan.

Brent Veitengruber and his wife, Tanya, were returning to their family cottage when a boat traveling at a high rate of speed slammed into the couple's boat. Brent was knocked into the lake, leaving his injured wife circling in a sinking boat. The operator of the other boat raced off. Divers recovered Brent's body 33 hours later. Authorities arrested James G. Schwind the following day for leaving the scene of an accident.

by Stephanie Buffman
Gladwin County Record

Amidst a courtroom filled with family and friends of both the victim and the defendant, Judge Kurt Hansen sentenced James G. Schwind to one year in county jail and three years probation for the boat crash which claimed the life of Brent Veitengruber and seriously injured his wife Tanya Veitengruber. Schwind pled no contest to one count of negligent homicide and one count of negligent crippling back in June in connection with the Sept. 1, 2002, incident which occurred on Wixom Lake.....

As difficult in legality as in emotion, this case proved frustrating for all involved. While leaving the scene of a fatal car crash is a five-year felony, leaving the scene of a fatal boat crash is a misdemeanor which carries a maximum penalty of only 90 days in jail. Gladwin County Prosecutor Thomas Evans commented that he hoped this discrepancy is one that will be addressed by our legislators.

(TV5) Gladwin County--The man responsible for a deadly boating crash will spend a year in the Gladwin County Jail. Some say the sentence is too light for James Schwind. He also will have to spend three years on probation. He admits to drinking and having marijuana in his system. when his boat crashed into Brent Veitengruber's boat on Wixom Lake. Brent was killed, his wife injured.

Some say Schwind's sentence puts the spotlight on a major loophole in Michigan's boating laws. It's a five-year felony to leave the scene of a car accident, but that's not the case in a boating accident. It's just a 90 day misdemeanor. So, in effect, if you are in a boating accident that you may have caused, and someone is hurt, from a legal standpoint it's better to leave the scene.

James Schwind left the scene of the boating accident on Wixon Lake in Gladwin County last September. 33-year-old Brent Veitengruber of Linwood was killed. Schwind was tracked down 11 hours later, when an accurate blood alcohol test couldn't be done. It can be a 15 year felony if you cause a fatal boating accident while impaired, so Schwind may have avoided that by simply leaving the crash site.

Ron Utt works for the Department of Natural Resources overseeing the state laws. He says this doesn't send a good message for responsible boating. Former Saginaw City manager Reed Phillips is an avid boater. He says the law needs to be updated.

Others say laws covering boating accidents are vague. Michael Veitengruber, Brent's father, says he'll push to change the law concerning leaving the scene of a boat accident in memory of his son.

Dec 22, 2003 -- Sen. Tony Stamas (R-Midland) was joined by members of the Veitengruber family at the state Capitol Monday, Dec. 22. Gov. Jennifer Granholm signed legislation into law making the penalties for a boating hit-and-run accident the same as a vehicular hit-and-run accident causing death or a crippling injury. Linwood resident Brent Veitengruber was killed in a hit-and-run boating accident on Wixom Lake in Gladwin County last year. Granholm (center) signs the bill introduced by Stamas (immediate left). Members of the family present included Brent’s widow Tanya Veitengruber; parents Mick and Sharon Veitengruber; brother Casey Veitengruber; father and mother-in-law Daniel and Sally Sylvester; uncle and aunt Jim and June Weiler; and close friend and Stamas’ sister Angela Wojda.

What is the law in your state?