James Downes, 39, of Christiansburg died in June from injuries suffered when a bass boat collided with the pontoon boat he was driving.
Pulaski County commonwealth's attorney Mike Fleenor tells The Roanoke Times that his office submitted a reckless boating charge against the bass boat's operator to the grand jury. He says the grand jury didn't return an indictment.
Fleenor declined to identify the bass boat's operator. The newspaper says online records identified the operator as Glenn Matthew Gardner of Pearisburg.
Gardner's lawyer, James Hartley, says his client didn't do anything wrong. Hartley says Gardner was operating the boat properly.