On March 21, 2020, at approximately 1:00pm witnesses on the shores of Devil’s Lake in Lincoln City called 911 to report a person in the water and a boat attempting to retrieve them. Witnesses described the subject as being in distress prior to seeing him go under the water. North Lincoln Fire, Lincoln City Police and the Lincoln County Sheriff’s Office Marine Patrol responded to the scene. North Lincoln Fire arrived and deployed their rescue skis. Rescuers contacted two occupants in the boat and determine Steve Ton, 60, of Seattle WA, was missing and last seen going under the water. Rescuers located Ton approximately 15 feet under water and were able to retrieve him. Ton was transported to Samaritan North Lincoln Hospital where he was pronounced deceased. Lincoln County Sheriff’s Office Marine Patrol conducted an investigation and learned a 17 foot Alumacraft boat operated by Michael Mascio, 57, of Lincoln City, was operating offshore from Holmes Park when the boat made a turn and crossed its own wake. During the maneuver, Ton, who was seated near the transom of the boat, fell overboard. Investigation revealed Mascio turned the boat around and motored over to Ton. Mascio left the controls of the boat and dove into the water. Mascio was unsuccessful in his attempts to rescues Ton. Mascio was also transported to Samaritan North Lincoln Hospital with non-life-threatening injuries sustained during the rescue attempt.  During the investigation it was revealed there were two type III life jackets on board the vessel, but none in use during the incident. Mascio was issued a violation citation for insufficient number of personal flotation devices. The investigation determined there was no criminal conduct during the incident.