ST. AUGUSTINE, Fla. -- After reviewing the final accident report on an Easter Day boating accident that killed five people and injured nine others, the state attorney in St. Johns County decided not to pursue criminal charges filed in the case.

The Florida Fish and Wildlife Conservation Commission, which spent four months investigating after a 22-foot boat crashed into a tug boat tied up at a dock under construction on the Intracoastal Waterway in Palm Valley, found there were 14 on board a boat with a maximum capacity of 12; there was drinking and drug use on the boat, and that the original operator of the boat was impaired.

Investigators said group was coming back to Jacksonville after partying for much of the day at the Conch House Marina in St. Augustine.

The report said passenger Jakki Allen was recruited to operate the boat because its co-owner, Justin Moore, was drunk. Allen was not an experienced boater and was supposedly being supervised by Moore when the boat hit the tug.

Allen, 44, was among those killed in that wreck. Moore survived.

Because Allen's blood-alcohol content was only .03, the State Attorney’s Office said there is not enough probable cause to charge Moore with boating under the influence.

The FWC said Justin Moore's blood alcohol level was .166, which puts him at twice the legal limit to operate a vessel, making him eligible for an enhanced penalty of the BUI statues.

FWC investigators concluded that Justin Moore "failed to take the necessary action to avoid the collision," and therefore committed second- and third-degree felonies.

The report states:

"Justin Moore, by his own admission, and by the facts that have been shown in this report, was the responsible party in charge of the vessel on the day of the crash even if he was not physically behind the wheel at the moment of the crash."

From conclusion of FWC's  79-page final report:     "The 12 people that left Beach Marine in Jacksonville did so with the knowledge that alcohol and illegal drugs were on board the vessel and being used by everyone. They made no float plan to have a sober operator to their destination or on the return from their destination. Even though they tried to put someone sober behind the helm when they left the Conch House, the reason taken from statements was to keep Justin Moore from getting a BUI, not the safety of the passengers on the vessel."

In the 79-page report, FWC investigators concluded that the throttle was all the way open and the boat was traveling 30 to 40 mph when it hit the tug boat. They also found that there was marijuana and cocaine on the boat and four occupants under the age of 21 were consuming alcohol.

Despite the FWC's recommendations, State Attorney R.J. Larizza and his staff decided not to file criminal charges against anyone in the boat or against the marina or any of its servers.

"The consequences of this accident constitute a terrible tragedy," Larizza told Channel 4 on Friday. "However, based on the law applicable in this case and the facts and circumstances of this tragedy, there was insufficient evidence to establish a legal basis for prosecution."

One of the survivors, Joshua Moore, who survived the accident along with his brother and father, agreed that there should be no criminal charges.

"It's like a miracle me and my dad and brother survived because my dad was in the very front, I was in the back, and my brother was somewhere else, I don't know where," Moore said. "It's a miracle, that's for sure."