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Montgomery Advertiser WETUMPKA -- The case of a man who will be sentenced today on homicide by vessel charges in a fatal boating accident has the interest of state legislators who support stronger punishment for such crimes. Patrick Leigh Cumbie, 22, of Montgomery pleaded guilty in October to five charges related to a collision that occurred the night of Aug. 9, 2008, records at the Elmore County Courthouse show. He was driving a speed boat that struck a pontoon boat carrying a large group of people from Prattville. At the time of the incident, Cumbie had a blood alcohol level of .19 percent, almost two and a half times the legal limit of .08, court records show. State Reps. Barry Mask, R-Wetumpka, and Mac Gipson, R-Prattville, plan on sponsoring a bill in the upcoming legislative session that will make boating under the influence laws equal to driving under the influence laws. The session begins Tuesday. The lawmakers backed a similar bill last year, but it bogged down in the end-of-the-session logjam. "We had 30 or 40 co-sponsors last year, and no real opposition," Mask said. "It usually takes two or three years to get a bill passed. Hopefully, we can get it done this year." Homicide by vessel is an unclassified felony, with a maximum punishment of five years in prison, said District Attorney Randall Houston. Felony assault carries a maximum of 10 years, he added. "If you are driving a vehicle under the influence and kill someone in an accident, you can face a host of charges, including murder and manslaughter," he said. "The charge depends on what the evidence shows. If you are drinking and kill someone in a boating accident, you need to face the same punishment range. "You are just as responsible if you drink and drive a boat, as if you drink and get behind the wheel of a car." Cumbie pleaded guilty to homicide by vessel in the death of Donnie Tatum, who died shortly after the collision. He pleaded guilty to felony assault in relation to the death of Sue Tatum, Donnie Tatum's sister-in-law, who died several months later from her injuries. Cumbie also pleaded guilty to misdemeanor assault for injuring Kenneth Tatum, Teresa Tatum and Greg Moates. Cumbie has been out on bond since his arrest shortly after the incident, records at the Elmore County Jail show. Circuit Judge Ben Fuller will hand down Cumbie's sentence today. Houston's office is recommending a sentence of two years for each felony charge and 12 months for the misdemeanors, court records show. Mask said the change to state law needs to be made during this legislative session. "I grew up on Lake Martin, and I've seen more and more silliness going on in the past several years," he said. "It surprises me that people who would never think of drinking and getting behind the wheel will drink all day and night while driving a boat around the lake or on a river. "I know of several families who no longer go to Lake Martin and Jordan in the summer because of all the people who are drinking." |
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