by Jerry Burke
Police say another boater spotted the body around 8:30 a.m., just more than 12 hours after the U.S. Coast Guard had called off the search Saturday night due to the lack of visibility in the water. Later that night, search crews discovered the body of the second missing victim, 17-year-old George Lawrence, a passenger of the boat that struck Kondogianis'.
The bodies were taken to the city medical examiner's office for autopsy.
With both victims confirmed dead, police will decide what additional charges will be brought against 18-year-old Robert Arnold of Douglas Manor. Police say Arnold was operating the boat while under the influence of alcohol and currently faces three misdemeanor charges of BWI. He could now face manslaughter charges.
According to the Harbor Patrol, Kondogianis and his wife, 29-year-old Marisa Rodgers, were cruising out from Bayside Marina when a boat occupied by six teenage friends rammed into them. Police arrived at the scene and immediately began to search for the two victims who were thrown overboard.
Rodgers was taken to North Shore University Hospital in Manhasset, where she was medically induced into a coma to improve her chances for survival, a hospital spokesman said.
Police also said passenger Kevin Burke, 17, of Queens, is improving as he recovers from head injuries at New York Hospital Medical Center of Queens.
Coast Guard and Harbor patrols had set up a search area stretching from East River to the Whitestone Bridge. By 9 p.m. Saturday night, officials had given up on find either victim alive.
Arnold was allegedly driving the power boat in circles before the crash. Police said he refused to take a Breathalyzer test, but a court-ordered blood-alcohol level test from blood drawn at 1:15 a.m. Friday morning is currently being processed.
Police sources said Friday that they found empty and full beer bottles in the boat. At his arraignment, lawyer Steve Barnwell said that police found only one beer bottle and no drugs in the boat.
"Beyond the scent of alcohol, there were no other indications that he was drunk, Barnwell said. Barnwell entered a plea of not guilty on behalf of his client. He is scheduled to appear in court on July 26. Neither Arnold or the family of Kondogianis could not be reached for comment.
If convicted of the misdemeanor charges, Arnold faces up to 90 days in prison and a $500 fine. Further charges may be brought against him following the results of his blood test and further police investigation.