Pierce County prosecutors have decided not to file charges against a boater who apparently struck and seriously injured a teen kayaking on American Lake last month.

“There is no felony behavior,” deputy prosecutor Tim Jones said Thursday.

He noted there was no evidence of intoxication or excessive speed on the part of the boater who hit David Kenny “D.K.” Ross the afternoon of March 1. Investigators have also said there was no evidence the boater intentionally hit the teenager.

Jones will refer the case to the City of Lakewood’s attorneys to decide whether to file misdemeanor or gross misdemeanor charges or cite the boater for watercraft violations.

D.K., 14, has been hospitalized since the accident. His father, David Hermansen, and the rest of the family have stayed by his side.

Hermansen said he worked with investigators trying to determine if a crime had been committed.

“I have gone through hours with police, hours with the attorneys, and there’s just not a law there stating he committed a felony,” he said.

D.K. was taken out of intensive care and is listed in stable condition, said Todd Kelley, spokesman for Mary Bridge Children’s Hospital in Tacoma. He still hasn’t regained consciousness, Hermansen said.

A fisherman found the teen unconscious in the water and brought him to shore. Medics rushed Ross to Madigan Army Medical Center at Fort Lewis with a ruptured spleen, broken ribs and a large gash in his head. He was transferred to Mary Bridge, where he received treatment and further surgeries.

Lakewood police initially said the boater left the scene of the accident. Later that week, Lakewood police revealed they had identified the boater believed to be responsible. Their investigation found he hadn’t left the scene after all.

Hermansen said the boater is the same fisherman who claimed to have found Ross. Lakewood police have declined to confirm that.

Jones on Thursday also refused to identify the boater, noting “he’s still a suspect in a possible criminal case.”

In determining whether to file criminal charges, Jones said he read through a binder from Lakewood police.

The information includes a report from the department’s boating accident investigator, who is certified to conduct accident reconstructions.

That report contains information on the powerboat’s speed, the profile of D.K.’s kayak on the water, the weather conditions and the amount of chop on the water, Jones said.

It also provides details on where and how D.K.’s kayak was damaged. He was hit from behind.

Stacey Mulick: 253-597-8268

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