One killed in boating accident

Family files lawsuit in circuit court

By Miranda Mattheis | Dadeville Record

Published Wednesday, August 13, 2008

One person was killed on Lake Martin Saturday night after an accident involving two boats.

Alabama Marine Police have charged Patrick Leigh Cumbie, age 22 of Montgomery, with homicide by vessel and boating under the influence.

Alabama Marine Police Sgt. Gary Buchanan said the accident, which claimed the life of 62-year-old Edwin Donald Tatum of Prattville, occurred at approximately 11:30 p.m. Friday night. Four others were injured in the accident.

Buchanan said a Fisher pontoon boat was stopped in Little Kowaliga Creek on Lake Martin near Real Island Marina. People from the pontoon boat were in the water around the stern when a Legacy runabout boat operated by Cumbie ran over several of them. Cumbie’s boat then struck the pontoon boat on the rear, right side.

“It was a horrific event for everyone involved,” Buchanan said in a press release. “In a boating accident you have the added dangers and complications presented by the lake itself. You can’t just drive an ambulance out onto the water to get to the injured.”

Those who were injured were transported to hospitals in Tallassee and Montgomery.

Cumbie’s bond was set at $15,000 on the homicide by vessel charge and $1,000 on the boating under the influence charge. He has been released. Buchanan said homicide by vessel is an unclassified felony, so he does not know what the punishment will be.

“The whole thing is still under investigation,” Buchanan said.

While this was the first boating fatality on Lake Martin this year, Buchanan said it has been a busy summer.

“We’ve had several accidents and some injuries but no fatalities,” he said. “I think the last boating fatality was two years ago.”

The family of Donny Tatum has filed a lawsuit against Patrick Cumbie.

Tatum’s sister, Sue Gilmore Tatum was injured in the accident.

Sue and her husband Ken are represented by attorney Jere Beasley of Montgomery.

“They just felt it best to turn it over to us,” Beasley said.

Beasley filed suit against Cumbie in Montgomery County Circuit Court Tuesday.

The suit alleges that “Sue Gilmore Tatum was severely injured and is believed to be permanently impaired and disabled; she is under the care of numerous doctors and is hospitalized; and she was otherwise injured and damaged.”

Beasley said he doesn’t know further details about Sue’s injury at this time.

“It’s too early to say,” Beasley said. “She has a very serious injury.”

The suit also alleges that “defendant Patrick Cumbie had a prior history that included drug and alcohol abuse.”

Beasley said he could not elaborate on this allegation.

“He’s had problems in the past,” Beasley said.