Family of killed windsurfer to file motion to obtain evidence from officials

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University Communications

The attorney for the family of the 43-year-old windsurfer killed on Lake Mendota last month said Tuesday morning he will file a motion this week to receive information related to the investigation into the death, according to a news release.

Jay Urban, the attorney for the family of Yu Chen, originally said he is filing the motion in Dane County Tuesday. He confirmed to News 3 that he didn’t file the motion Tuesday but will file it this week.

He said he’ll be asking the court to compel the university, Wisconsin Department of Natural Resources and Dane County Sheriff’s Office to release boat records, videos and other evidence Urban said is being withheld.

“We want the state to release information about the speed of the boat and the inspection of the boat and to give a full explanation of how something that’s not supposed to happen could happen,” Urban said in the statement.

Chen was killed when he was struck by a University of Wisconsin Lifesaving Station boat while he was windsurfing, according to the Dane County Sheriff’s Office. Chen was teaching a lesson at around 6 p.m when he was hit. According to the motion, Chen was struck by the power boat, knocked into the lake where his body was “chopped by the power boat propellers until he died.”

“The boat was given back to the UW Lifesaving. We don’t know if that’s in service. We are told that there are markings on the boat, and I have a crash reconstructionist ready to go to do the math to figure out what happened, but we can’t do it without this information,” Urban said.

Three people on the rescue boat tried to help Chen, but he was pronounced dead at the scene.

Urban said the information requested in the motion is needed for a forthcoming injury and wrongful death civil lawsuit.

“It sure seems to me that with three people on a rescue boat they should be watching every aspect of that boat, and somebody doesn’t get tangled up in a propeller instantly,” Urban said.

One of the items listed as evidence that the family requests be preserved is Chen’s left arm, which was severed in the wreck and still had Chen’s GPS watch attached. The motion says the arm is believed to still be in Lake Mendota.

The motion also notes boat inspection records, training records for the UW Lifesaving Station employees on the boat and any photos or videos from the day of the incident.

Dane County Sheriff’s Office officials said they are working as fast as they can to get information to Chen’s family. They said they are waiting on blood test results from the boat driver.

The UW declined to comment on the case.

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