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TOP 19: Suspect in boating incident that killed Tyler ISD student picks up additional charge of failure to render aid

Jeffrey Hampton, 31, of Tyler, was taken into custody Monday morning for allegedly striking Roberto Carlos Bermejo Hernandez with a boat before leaving the scene.

SMITH COUNTY, Texas — *Editorial Note: This story was originally published on June 3, 2019. 

The suspect arrested in connection with a fatal boating incident that occurred Sunday on Lake Palestine has picked up an additional charge.

Jeffrey Hampton, 31, of Flint was arrested Monday for manslaughter after reportedly striking Roberto Carlos Bermejo Hernandez, 14, of Tyler, Sunday evening at the Lakeway Harbor boat ramp on Lake Palestine. Since his arrest, officials have added a second charge of failure to stop and render aid/bodily injury. He remains in the Smith County Jail on $850,000 bond.

Credit: Go Fund Me

According to the SCSO, around 8:10 p.m. on Sunday, deputies responded to a major accident on Lake Palestine at the Lakeway Harbor boat ramp, located at 22900 Lakeside Drive, in Flint. When officials arrived on scene, they learned a Hernandez had been struck by a red and black bass boat that had left the area. The teen was pronounced dead at the scene.

RELATED: 14-year-old dies after being struck by boat on Lake Palestine

"That's the part of the accident that concerns us the greatest is that we had a child that was originally reported injured, but later we found out was deceased. And people failed to stop and render aid," Game Warden Captain Quint Balkcom said.

Law enforcement immediately began checking area boat ramps in an attempt to locate the person(s) responsible.

During the course of this investigation, the SCSO received a tip identifying Hampton as a suspect in the case. The Texas Game Warden's Office and the SCSO were able to contact witnesses to conduct interviews.

Credit: Smith County Jail

Officials then responded to an address in the 12600 block of Count Road 1131 where they located a boat matching the description of the one that left the scene of the boating incident. Hampton was also at this location and was taken into custody.

Hernandez previously attended Moore Middle School and his family says he had been accepted into Tyler ISD's Early College High School for the upcoming school year.

Justice of the Peace Precinct 2 Andy Dunklin ordered an autopsy and Hernandez's body was taken to Forensic Medical in Tyler. 

Balkcom says there still more work to be done in the investigation.

"We’ll continue to reconstruct the accident based on the facts," Balkcom said. "We know we'll have to get some additional warrants for more information. We’ll continue to build a case based on the evidence we have now, to bring some closure to a family that lost a child at the hands of a reckless operator."

Sha-risa Rainwater is a resident of the area who frequents the same spot where Hernandez was hit.

"As like every other summer afternoon, kids were playing in the lake," Rainwater said. "This is our normal area, it's safer to us right here, there's a [dock]. We're not out in open water. I mean, this is where we go every time we come to the lake. And all of a sudden, there was this tragedy."

Rainwater’s husband was at the scene of the accident moments after Hernandez was struck by the boat.

"My husband was here about five minutes after it happened and he called me, and I'm a nurse, Rainwater said. "I was like, well do you need help doing CPR? Do you need me to run down there and help and he's like, 'no baby, it's too late.' But a child is dead because somebody chose the wrong decision."

The family of Hernandez set up a GoFundMe page to support the funeral costs.

REPORTING A BOATING ACCIDENT

According to the Texas Parks and Wildlife Department, the following action should be taken when reporting a boating accident.

When involved in a boating accident, the operator is required by Section 31.104 of the Parks and Wildlife Code to:

  • Render to other persons affected such assistance, as may be practicable and necessary in order to save them from or minimize any danger.
  • Give his/her name, address and identification of the vessel in writing to any person injured and to the owner of any property damaged in the collision, accident or other casualty.

Also according to Section 31.105 the accident must be reported to the department on or before the expiration of 30 days after the incident. The report should include a full description of the collision, accident or casualty in accordance with regulations established by the department.

It is the responsibility of each boat operator who is involved in an accident to contact TPWD or your nearest law enforcement agency if the accident:

  • Results in death (within 48 hours)
  • Injuries to a person requiring medical treatment beyond first aid
  • Causes damage to vessel(s) or property in excess of $2,000

To report an accident, contact your local game warden, local law enforcement agency or call TPWD's 24-hour police communications operator at (512) 389-4848.

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