Boater says guilty in crash fatal to 2

Ex-UA student admits he was drunk

JAY, Okla. -- A Tulsa man pleaded guilty Wednesday to two first-degree manslaughter charges in connection with the boating deaths of two University of Arkansas at Fayetteville students last year.

John Stuart Deselms, 23, entered the guilty plea in Delaware County District Court in Jay.

"I was driving that boat," Deselms told Delaware County District Judge Robert Haney. "It crashed. I was intoxicated, and the crash killed two victims."

After the brief court hearing, Deselms held the courtroom door open for the families of the deceased, who filed out silently into the hallway.

Deselms faces a prison sentence of four years to life on each charge. But probation is an option for the judge, said Kenny Wright, an assistant prosecutor.

"I don't think that's very likely considering the facts of this case," said Wright.

Sentencing is scheduled for Dec. 29.

Deselms was driving a 22-foot Cobalt ski boat May 14, 2013, when it crashed into a 96-foot Fantasy houseboat parked on Oklahoma's Grand Lake, killing William Lewis "Trey" Varner III of Texarkana and Rachel Nichole Swetnam of Grove, Okla., who were sitting in the front of the ski boat, according to court filings.

The fatal crash occurred in the Duck Creek arm of Grand Lake, about 20 miles from the Arkansas state line.

According to the charges filed in district court, Deselms was accused of operating the boat while under the influence of alcohol. Deselms' blood-alcohol level was 0.18 percent, which is more than two times the legal limit for operating a vehicle.

Deselms admitted that he had consumed 10 beers and a shot of tequila between 11:30 a.m. and the time of the crash at 5:42 p.m. Deselms said he also had taken an antidepressant drug that was not prescribed to him.

Eight people were on the Cobalt, according to the investigation report. Also injured in the crash was Taylor Perry of Springdale, who was treated and released from Craig General Hospital in Vinita, Okla.

"It has been a pretty tragic situation from the beginning," Deselms told two reporters after the court hearing. "I have accepted responsibility and will continue to accept responsibility, and I will accept the consequences.

"Every day is a struggle," he said. "Just waking up, going to bed, knowing what has happened. I have lost two good friends. And now I have to watch their families go through all this. It's a feeling I wouldn't wish upon my worst enemy. If I could take it back, I obviously would. If I could trade places with either of them, I would. Them being Trey and Rachel. But I can't. So now I'm here, and I have to own up to my actions and accept the consequences."

Deselms said he doesn't fully understand the court process, but he's depending on the guidance of his attorney, Winston Connor of Miami, Okla.

Connor said Deselms has cooperated with law enforcement "completely" since the crash.

Wright said Deselms' plea was what's known as a "blind plea." That means it wasn't based on a recommendation from the state. Pre-sentencing reports will be completed before the Dec. 29 hearing. If both sides can't come to an agreement about a plea recommendation, the Dec. 29 hearing could last a day, said Wright.

Deselms remains free on a $25,000 bond.

Deselms was a UA student at the time of the crash. Connor said Deselms was suspended from the university for one year, beginning in January, because of what happened. Deselms said he had completed his sophomore year as an advertising major.

"Under the guidelines from the University of Arkansas, that was a mandatory punishment, and it was the minimum punishment at the same time," said Connor.

Since leaving the university, Deselms has been in an alcohol treatment program, his lawyer said. He was treated at an in-patient facility and since has been part of an alcohol monitoring program "to ensure that there was no [alcohol] use," Connor said.

"We can say that he has not touched a drop of alcohol or obviously any illegal substance since the incident nor has he had a desire to do so," he said.

Swetnam, a UA senior, worked at Riffraff -- a gift, furniture and clothing store -- in downtown Fayetteville. She was National American Miss Teen Oklahoma in 2010.

Varner was a junior at the university.

Wright said members of the families didn't want to comment after the hearing.

Metro on 08/24/2014

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