Man who died after being swept over Dillon Falls acted as hero before his death

Published 2:00 pm Friday, September 9, 2022

BEND — Maximillian Zelaya, 41, of Bend, who died after being swept over Dillon Falls in an innertube Aug. 23, saved his friend’s life when the couple started getting swept away by the river’s current in a section of the river that appeared calm, Zelaya’s sister said.

According to initial reports by the Deschutes County Sheriff’s Office, Zelaya was floating on the Deschutes River above Dillon Falls with a companion when the river swept them away and toward the falls, where Zelaya later died. His body was discovered later that day.

But Zelaya’s sister, Poinciana Dellinger of La Pine, said the initial reporting of her brother’s death did not detail how Zelaya saved his friend’s life after they got caught by surprise by the river’s current in a section of water the couple thought appeared to be safe. An official death report compiled by the sheriff’s office and obtained by The Bulletin corroborates Dellinger’s account and shows that Zelaya saved his companion by pushing her across the river before plunging down the falls in a tube to his death.

“They almost make it sound like he was just haphazardly innertubing Dillon Falls.”

“He wasn’t careless or anything like that. They were walking through the river, where it looked super-calm. And before they knew it, his feet were off the ground, and they were being swept away,” said Dellinger. “And at that moment, he decided to save that girl’s life and give her a chance. And I think he knew that he didn’t have a chance, so he hopped on that tube thinking that might be his only chance.”

Dellinger said she heard of her brother’s death from her mother at around 9 p.m. on the night he went over the falls. The fact that her brother saved his friend’s life did not come as a surprise.

“He chose to save someone’s life,” Dellinger said. “That is something Max would do. He would choose to save somebody’s life before his own — without even thinking about it.”

The official narrative of the death from the sheriff’s office report indicated Zelaya was recreating on the river not far downriver from the Dillon Falls Day Use Area with a companion, Nicole Triplett, who ultimately survived the ordeal because of Zelaya.

“Triplett told me they entered the river downstream from the boat launch in a double inflatable (innertube). Triplett told me they wanted to get to the other side of the river in the tube, tie off the tube, and sit in the sun,” Deputy Aaron Myers wrote in his report on the incident.

“Triplett said Zelaya was pulling her while she was sitting in the tube. As they were crossing the river, Triplett said they were getting swept down by the current, and she jumped off and started to swim towards the other side and got in front of Zelaya. Zelaya pushed Triplett towards the river bank and she was able to safely get to the other side of the river,” Myers wrote.

“Triplett told me she saw Zelaya get onto the tube that was the last time she saw him as he was going down the river towards the falls,” Myers added.

Sean Jones, a diver with Deschutes County Search and Rescue who has been diving for the county for 21 years, said he grew up fishing and hunting along that stretch of the river and although the river appears to be tranquil, he said he would not advise anybody to recreate there.

“It is a really terrible piece of water, especially right there at the top of the falls,” Jones said. “It is a very violent piece of water right at the very top.”

Jones said anybody planning to recreate near the top of Dillon Falls should stay clear of the water. Jones said depending on the time of day or time of year, the water in that section of the river is moving at 5 to 7 miles per hour.

“It doesn’t seem like it should be moving fairly quickly, but it is moving pretty quick in there,” Jones said. “The surface looks pretty tranquil, but it’s scooting right along. It’s not fun.”

Jones suggested that anybody planning to recreate on the Deschutes should first check on the conditions before going out. He said the river can be deceiving, and the best way to check on what is ahead is to scout downriver to make sure there are no hazards further down.

“You have moving flat water, which does have current, and anytime you are in a craft without a paddle that places you in an extreme lack of control of your craft,” Jones said. “That stretch is not commonly tubed because of this reason.”

Jean Nelson-Dean, public affairs officer for the Deschutes National Forest, said there are several large signs posted along the banks of the Deschutes warning of hazards ahead. She also said there are stretches of river that look calm, but the river can deceive.

“You see the signs (along the river), but the water does not look like a problem,” Nelson-Dean said. “If you are basing it on common sense, you think ‘that doesn’t look bad, I can do that.’”

Nelson-Dean said the best way to avoid tragic accidents is to know the circumstances of the area before going out.

“The outdoors can be dangerous. All sorts of things can happen, and you need to be as prepared as you can be when you head to the outdoors,” Nelson-Dean added.

Dellinger, Zelaya’s sister, said she and her family gathered at her mother’s home in Bend to have a dance party in the backyard in celebration of her brother’s life. Her mother’s backyard is the same place she got married, she said.

Dellinger said Zelaya left behind two daughters, Payton, 12, and Isabella, 10. He loved music and cooking, and worked in the restaurant business and as a chef for most of his life, she said. His signature dish that he made for those he loved was sushi.

“Max is an unbreakable spirit. He was always the life of the party, and he danced everywhere. He was always dancing,” Dellinger said. “We did a, we called it a Max sendoff, because we wouldn’t call it a memorial. So we had a dance party for him, basically. We ordered sushi, because everybody he knows, he has made them sushi.”

Dellinger said her brother loved to walk around with his portable speaker, playing his favorite music while dancing along. Some of his favorite music played at his sendoff included “And We Danced” by Macklemore, “I’m Sexy and I Know It” by LMFAO, songs by Michael Jackson, and at the very end, “Bust a Move” by Young MC.

“At the very end we circled around some chairs with pictures (of Zelaya) on them,” Dellinger added. “And we pretended he was there doing his final dance.”