Wife of 'Shark Tank' star Kevin O'Leary is charged in fatal boat crash

'Shark Tank' star Kevin O'Leary in boating accident

(CNN)Linda O' Leary, wife of entrepreneur and 'Shark Tank' star Kevin O'Leary, has been charged with "careless operation of a vessel" for her role in a fatal boat crash in Ontario, Canada, last month, according to police.

Linda O' Leary was driving the boat when it collided with another vessel. One person died at the scene and another died later. Three other passengers were injured, including one on the O'Leary boat, according to police. Kevin O'Leary was a passenger.

Ontario Provincial Police Staff Sgt. Carolle Dionne told CNN that the maximum penalty for the regulatory charge is 18 months in prison or a $1 million dollar (CAD) fine.

Police charged the other boat's driver for "failing to exhibit a navigation light while underway."

According to Ontario Provincial Police, Linda O'Leary is expected to appear in court on October 29.

Linda O'Leary's attorney, Brian Greenspan, told CNN that he plans to send a representative to court.

"It's our position that Mrs. O'Leary, who is a cautious and experienced boater came into contact with a boat that simply couldn't be seen." The attorney said the other boat was operating without navigation lights on a dark and moonless night.

Kevin O'Leary's said in a statement: "Now that the authorities have concluded their thorough investigation, I have no further comment other than to say that our thoughts and prayers are with the friends and families of those who lost loved ones in this awful tragedy. Our hearts go out to them."

His agent, Jay Sures, last month said that Linda O'Leary was given a DUI test, which she reportedly passed.

Before he was known as Mr. Wonderful on "Shark Tank," O'Leary co-founded the software Softkey, now known as The Learning Company.

He has since launched O'Leary Funds, an investment fund company; O'Leary Fine Wines; and a bestselling book series on financial literacy, according to his website.

CNN's Natalie Johnson and Carma Hassan contributed to this report.

By Lauren M. Johnson and Carma Hassan, CNN >>

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