"The level of injury alone doesn't convert this from an accident to a crime," he said.

Surgeons at Portland's Legacy Emanuel Hospital reattached Ortega's arm, but said it will take months to know whether the 14-year-old boy from Bend will regain much use of it.

The dory operator, Darrell Martin, is a sport fisherman who takes his boat out into the surf every week and has no history of reckless behavior. Martin, 55, stopped well outside the surf line that day, trying to find the best path to avoid the surfers while coming to shore, and had taken every step to be careful, Porter said.

Police at the scene did not test for alcohol because the officers found Martin to be cooperative and not seemingly under the influence of intoxicants, Porter said.