Police say video seized as evidence shows multiple people boating and tubing, and alcohol being consumed on the day of the incident.
The driver of the boat, 40-year-old Quinten Kight, could also be seen appearing to look down at his cell phone.
ABC11 spoke with three passengers who were on board the boat that day.
One passenger said she was "not interested in talking about it," but the others shared some insight.
A second passenger revealed that her children were with her on a boat at Harris Lake when it crashed into a group of swimmers near an anchored boat.
Elementary school studentBrooklyn Mae Carroll was killed, and Wake County school social worker Jennifer Stehle was severely injured.
That passenger said it's something, "I hope that would never happen ... I wish I wasn't there that day."
A third passenger told ABC11 that law enforcement officers later required everyone on board to take a breathalyzer test.
That passenger said, "While we were there, we had to blow before we could leave ... we blew zeros."
ABC11 learned during one of Kight's court appearances that investigators tried to do a field sobriety test.
The prosecution says Kight was unable to follow instructions and that North Carolina Wildlife officers found almost 90 empty alcohol containers either on or outside of his boat. A warrant was issued for Kight's bloodwork earlier this month.
The state crime lab has completed testing, but neither the North Carolina Wildlife Resources Commission, which is the investigating agency, nor Chatham County District Attorney Jeff Nieman would reveal the results.
Nieman told ABC11 on Thursday that he couldn't comment on this active case.
This past Monday, charges were upgraded against Kight and his girlfriend, AnneMarie Flanigan, who owns the boat, to second-degree murder.
Law enforcement expert Dr. Roy Taylor read through the newly released warrants and gave his impressions to ABC11.
"It is a murder or homicide because they were intentionally drinking, they were initially operating their boat in a careless manner. He wasn't looking ahead; he was looking behind. There's a lot of boating safety regulations that he was in violation of," said Taylor. "There could be video of them playing a drinking game or chugging alcohol or doing other reckless things showing the level of impairment that they had."
Kight and Flanigan are each being held on $500,000 secured bonds.
The prosecution noted that Kight was out on jail bond, at the time of the fatal accident.