Five people are accused of playing a role in the boating death of 8-year-old Charlotte McCue on Monday night on Lake George. 

The driver of the boat, Alex West, is charged with leaving the scene of the accident without reporting it.

"There's no question, no question, that they knew they hit another boat," said Warren County Sheriff Bud York.

In court Friday, prosecutors claimed West and his four passengers partook in a day of drinking on the water at what's known as Log Bay Day. Toxicology results are pending.

Prosecutors say the boat the five were in went over the boat the 8-year-old was in with her family, hitting her and her mother. 

"I understand this is a serious accident, and I understand there was a death and this is a tragedy," said defense attorney Stephen Coffey. "This is an accident, and he will defend this case, and the boat will defend this case. It is a tragedy on Lake George, but this is not leaving the scene of an accident where he thought someone died."

The four other passengers -- Kristine Tiger, Matthew Marry, Moreland Keyes and Cara Mia Canale -- are facing various charges, including hindering prosecution, offering a false instrument for filing and making a false statement. 

"These defendants ... there were five cell phones in the vessel ... not one of them stopped, and not one of them called for help," said Warren County District Attorney Kate Hogan.

Comparing it to a car accident, Coffey claims his client, West, didn't know he caused an injury. And that's, Coffey said, why he didn't call 911. 

"You tell me here that people in the community, that every time, they call 911?" he asked. "Maybe you do it, but I tell you -- ask around. You won't find a whole lot of people who do it. He has to know that someone was injured."

However, investigators say witnesses and video being withheld from the public maintain a different image. 

"It angers me that he would say that. That's just not true. That's not the law," York said. "Read the navigation law. Read the motor vehicle law. You have an accident, you're required to stop ... well, you're required to stop and see if you can render aid and give your information."

The defendants were released from jail and are scheduled to appear again in August.