The Kansas City Star reports that 24-year-old Daniel Lewis, of Overland Park, Kansas, had a blood alcohol level of 0.088, which is just above the legal limit of .08.

Lewis died in the May 19 crash, along with 23-year-old Joseph LeMark, also of Overland Park, and 21-year-old Hailey Hochanadel, of Olathe, Kansas.

Two others survived with injuries. One of them initially was identified as the driver of the boat. But the patrol later said that person wasn’t driving. The autopsy result described Lewis as the “boat operator recovered from boat following collision with bluff.”