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Two brothers die in boat crash off Dinner Key

By Lipcon, Margulies & Alsina, P.A.

Two brothers died early Saturday morning when a 23-foot Bayliner slammed into their 21-foot Hewes near Dinner Key, according to the Florida Fish and Wildlife Conservation Commission.

Charles W. Clayton, 32, and Wade A. Clayton, 33, were killed in the crash, FWC spokeswoman Gabriella Ferraro said.

The crash happened just before midnight Friday about two miles south of Dinner Key and about a mile out from shore.

Wade Clayton was a professional fisherman and his brother was also an experienced angler, said their mother, Joyce Clayton.

"It was a tragic accident and I love and miss them dearly," said Joyce Clayton, standing in the driveway of her Kendall home, her eyes red with tears. "I just can't beleive they're gone."

Ferraro said the impact tossed the two brothers and 31-year-old passenger Brandon P. Foster from the Hewes.

The collision also tossed overboard one of the passengers on the Bayliner, according to Fire Rescue spokesperson Lt. Ignatius Carroll.

After the impact, the 23-foot boat came around, the passenger tossed off the boat was able to swim back and that's when they started hearing cries for help, Carroll said. They pulled one survivor out but he was not breathing.

"They made a desperate attempt to revive him but were unsuccessful," Carroll said.

Alan Almond, the Clayton brothers' step-father, said Charles Clayton, of Palmetto Bay, was found at the crash site and was pronounced dead at the scene.

The two passengers aboard the Bayliner called rescuers and made several attempts to fire off flares but their flare gun wasn't working, said Carroll. The GPS coordinates they gave rescuers were innaccurate, he said.

Wade Clayton, of Plantation Key, was found over an hour later by a Miami-Dade fire boat and was pronounced dead, Almond and Carroll said.

Foster was taken to Mercy Hospital with unknown injuries, Ferraro said.

Burt Korpela, owner of Atlantis Marine Towing & Salvage, said he heard the call over the radio and went to the site of the crash.

Debris was scattered everywhere and marine patrol and divers were searching for bodies when Korpela arrived.

"The boat was all ripped apart. The steering station was ripped right out and there was a big crunch on the top deck," said Korpela, 38. "I saw the bodies. This was kind of a gory sight."

Almond said the two brothers were experienced fishermen who had travelled to Costa Rica, Mexico, and the Caribbean on fishing trips. They had gone out fishing for bait they planned to use on a future fishing trip.

The men on the 23-foot Bayliner had gone out to help friends having boat problems when the collision occured, Ignatius said. "The odds were 50 million to 1," said Almond. "They were one of the only boats out there."

The 46-year-old driver of the Bayliner, Paudides Machado, had not been charged in the crash as of 11 a.m. Saturday.

"At this point we don't know if charges will be filed," Ferraro said. "We don't know if anyone was speeding or if alcohol was involved."

Wade Clayton is survived by his 5-year-old son, Caiden, who was celebrating his birthday in New York City on the same day his father died.

Both brothers are survived by their father Charles Clayton Sr., mother Joyce, and brothers Chad and Colby.

Full post as published by Cruise Ship Law on July 11, 2009 (boomark / email).