CLEARWATER, Fla. (WFLA) — Authorities have identified the man who died when a recreational boat crashed into the Clearwater ferry near the Memorial Causeway Bridge Sunday night.

Jose Castro, 41, died in the crash. He was onboard the ferry, where FWC said 10 others were injured. The agency identified the man operating the boat, but since he has not been criminally charged, News Channel 8 is not naming him.

8 On Your Side cameras caught the owner, still on board the boat, speaking with law enforcement. The FWC said the owner has been cooperating with the investigation.

“The captain voluntarily submitted to a breathalyzer and there was no alcohol determined in that breathalyzer sample, it read zero, zero, zero based on the certified breath test that was given to the intoxilyzer,” said Matthew Dallarosa with the FWC.

Authorities said there is evidence he stayed at the scene but left before police arrived. A criminal defense attorney unrelated to the incident shared if that could lead to charges filed against him.

“You have an obligation to stay at the scene. So if the information is that they did that, then there is a question to whether or not that is considered leaving that scene,” said Michelle Suskauer, a criminal defense attorney.

The 37-foot boat was towed away as it was damaged in the crash. The FWC said there was not slow speed or minimum wake in the area where the crash happened. But Captain and maritime expert Frank Morton said the boat was supposed to give way to the ferry to avoid the crash.

“There’s a safe speed rule in the rules of the road. And that says that a vessel is traveling at a safe speed when it can either maneuver or stop in order to prevent a collision,” Morton said.

The attorney also said a vessel homicide charge could be on the table, based on the findings of the investigation. She questions the lighting on the ferry as well.

The FWC said the Coast Guard will be investigating that portion of the crash.