NORFOLK, Va. — A Yorktown based Sailor died after falling off a boat and being struck by the boat's propeller, trial counsel for the government said during a preliminary hearing on base at Naval Station Norfolk on Thursday.
Jackson D. Bower, a Master at Arms Second Class, is accused of negligent homicide, making a false official statement, and two counts of dereliction of duty in the death of fellow Sailor Lyndon Joel Cosgriff-Flax.
During the hearing, the government said Bower was driving the boat during a high risk "chase the rabbit" drill, where one boat follows the wake of a second boat.
They said Bower did not notify training supervisors he was doing the drill.
The government said Bower made a sharp turn and Flax, who was on the bow of the boat, fell overboard and then was hit by the propellers.
He died of his injuries and was just 21-years old.
The government said Bower initially lied about what happened to NCIS.
They said Bower's negligence led to Flax's death.
Watch previous coverage: Family says Sailor who died had 'a heart full of love'
An attorney for Bower, Peter Kageleiry, called the case a tragedy, but said the government was selecting certain facts and witness statements to fit their narrative.
He wants to see the case handled in a different way.
A preliminary officer heard arguments and was presented evidence. He will make a recommendation about whether the case should advance to a court martial and potential trial.
Stephanie Cosgriff, Lyndon's mom, attended the hearing, but did not want to comment afterwards. News 3 spoke with her in November when charges were filed.
She said her son was happy and enjoying the weather while on a boat on the York River during what the Navy has called a security boat training and familiarization event.
“I just hope that better precautions are taken in the future," Cosgriff added.
If found guilty on all charges, Bower would face more than eight years confinement and dishonorable discharge, among other punishment.
