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With Raines too shaken to drive, Shepherd took the wheel and circled the boat back toward Fujimoto to ask if she was all right. In an interview, Shepherd told Kelly that Fujimito said, "Yeah," and then grunted. The men said they thought she was angry with them for coming so close to her, according to testimony.
Chief Medical Examiner Todd Grey doubted the story.
Fujimito had severe injuries to her lower abdomen. Her legs were "chopped to pieces," her femoral artery had been cut and she was bleeding to death.
"I think these would be horribly painful injuries," Grey testified last week.
The three men left Fujimoto, drove to the pullout, loaded the boat on a trailer and wiped it down, leading to misdemeanor obstruction of justice charges. But defense attorney Rebecca Hyde Skordas, who represents Boyer, argued it was common practice to wipe down a boat; the other boaters in the group had done the same thing.
As the men tried to leave the reservoir, police had barricaded the area, looking for the hit-and-run boaters. Shepherd, who turned himself in to police a few days later, told the detective he said nothing at the time because they were afraid.
"They were afraid so they didn’t say anything," Kelly said. "They were fearful something happened."
After Fujimoto’s death, the Utah Legislature amended the law to require boaters to stop if they have "reason to believe" they could have been in an accident, and allowing prosecutors to file felony charges in fatal situations.
Defense attorneys argued endangerment charges were inappropriate. Fujimoto was not in one of the reservoir’s two designated swimming areas, and the men did nothing wrong leading up to the crash.
The state is "sort of trying to recreate the facts here," Greg Skordas, representing Raines, told the judge, "because she was hit, therefore somebody must have done something wrong."
Weber County prosecutor Dean Saunders said the men had a "duty" to stop and help Fujimoto. Saunders said the charges against the men are not about the crash, but about what happened after.
"By leaving her there in the water, they sealed her fate," he said.
It took Anderson about five minutes to reach Fujimoto — precious moments that could have maybe saved her life, Saunders said.
But if they had stayed, would it have been enough?
A tourniquet might have helped save her, the medical examiner said, but more likely someone would have needed to clamp down on an artery in the wound to slow the bleeding, Grey testified, maybe with a pair of pliers.
But even in an emergency room, it would have been difficult, he said.
Shepherd’s defense attorney, Glen Neeley, insisted: "There is nothing these boys could have done to save her life."
— Tribune reporter Jessica Miller contributed to this story.
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