The driver was also driving with a suspended license, police said.
The USDA claims Stark's license should be revoked.
Clark County Coroner Terry Conway said an autopsy Wednesday showed the cause of death for 67-year-old Edwin Flaherty was drowning.
An Indiana House panel is considering a bill that would legally protect schools and teachers who want to celebrate Christmas in the classroom.
Those animals included a black bear killed by another bear, a Syrian bear euthanized for not being compatible with other bears and two ruffed lemurs that died due to a malfunctioning heater.
The Senate Education Committee unanimously approved the bill Wednesday that would allow schools to have Nativity scenes or other Yuletide decorations, as long as another religious or secular holiday is recognized.