The Sioux Falls, South Dakota, man charged in a fatal boat crash on West Lake Okoboji is -not- waiving his extradition back to Iowa.Justin Nearman (shown in photo above) made an initial court appearance in a South Dakota court on Wednesday. His attorney claimed Nearman is not a fugitive and has been preparing to turn himself in to authorities in Dickinson County, Iowa. Nearman reportedly plans to post 42-thousand dollars bond and go to Spirit Lake on his own. If he fails to do so, he faces an extradition hearing in South Dakota on September 19th. Two boats collided early on August 12th, killing 51-year-old Michael Brosnahan of Perry and seriously injuring his wife, Jill. Authorities claim Nearman was driving the hit-and-run boat drunk.