Suit filed in Nault death case

By BRIAN WALKER

Staff writer

COEUR d'ALENE — Two adults allegedly furnished alcohol to three minors prior to the 2015 drowning death of Reggie Nault on Lake Coeur d'Alene, a civil lawsuit states.

Brandi Jones, Nault's mother; and Dasha Drahos, his sister, filed the suit in First District Court on Tuesday night.

The complaint alleges that defendants Dale Atkisson and Tracey Lynn furnished Nault and two male friends, also minors at the time, a "Shooter stinker" drink with 12 shots of hard alcohol at Shooters Bar and Grill on the lake.

The Press is not naming the two teens, who are also listed as defendants in the suit, because they were 16 along with Nault at the time and they haven't been charged with any crime. The suit alleges the teens were alcohol-impaired and their actions also contributed to Nault's death.

Attempts to reach Atkisson and Lynn for comment late Wednesday afternoon were unsuccessful.

The boys were boating near Arrow Point at the time Nault, who played baseball for Coeur d'Alene High, fell or jumped from a fast-moving boat and drowned, according to the Kootenai County Sheriff's Office.

"It’s not OK for adults to give minors alcohol, particularly when they are boating on the lake," Jones said. "And friends are supposed to care for each other and make sure their friends are safe, not mislead law enforcement, escape responsibility and leave their friend behind. I pray our community will learn the importance of protecting our children. I don’t want any other mother to go through what I’m going through."

Drahos said her brother "more than paid for any mistake he made."

"My brother is dead," she said. "We can’t turn a blind eye to the actions of others who may have contributed to his death."

Alcohol intoxication was a condition related to Nault's accidental death and the cause was asphyxia due to a freshwater drowning, according to the coroner's report released on Oct. 23, 2015. He was not wearing a floatation device.

The KCSO recommended charges in the case after completing its investigation in January 2016. The Kootenai County Prosecutor's Office forwarded the case to Boundary County the next day due to Prosecutor Barry McHugh having a conflict of interest in the case.

Boundary County in July 2016 decided not to file criminal charges in the case.

Lee James, the attorney representing Jones and Drahos, through a court order, was recently able to have the entire KCSO report unredacted so all the details were provided. That action led to the civil suit.

"We now know what the sheriff’s investigation found," said James. "Our next step is to obtain the sworn testimony of these witnesses in our ongoing effort to uncover the truth. By exposing the bad choices that led to this boy’s death, we, as a community, can learn how to avoid such tragedies from ever happening again."

The complaint cites the sheriff’s investigation, which claims one teen was driving the boat approximately 51 mph when he knew or reasonably should have known Nault was going to enter the water.

The other male is alleged to have acted as a spotter and failed to spot and mark where Nault entered the lake.

The suit alleges a video appeared on Snaptchat, according to the sheriff’s investigation, showing the boat speedometer at 51 mph, then turned back to show Nault.

Both of the defendants who were in the boat with Nault are accused of hiding evidence, including one or both deleting the video, and obstructing the KCSO investigation. The suit states that delayed the discovery of Nault’s body for another 13 days and resulted in more emotional harm to his mother and sister.

It also states the two teens left the location where Nault entered the water when they could have stayed there and called 911 from their cellphones, and they denied drinking alcohol.

"(The teens) then and there put their own self interests above finding Reggie," the suit states.

The suit states Atkisson and Lynn were also patrons at Shooters when they struck up a conversation with the teens before furnishing the drink to them. One of the teens texted a girl that he was drinking the alcohol.