(Corpus Christi, 9/26/08) James Lauterbach is angry after reports have surfaced claiming his brother in law, 34 year old Larry Tate Junior faked his own death.

Lauterbach said, "The fact of the matter is he's dead, the Coast Guard knows he's dead, and if we find the body it will be a closing for us."

On Monday, Tate disappeared in the surf about 300 yards off the beach at Mustang Island.

Lauterbach says his wife, Tate's sister, along with a San Antonio couple tried to save the Rockport resident, but couldn't reach him.

An extensive search followed for several days, but still no sign of Tate.

Lauterbach says he doesn't deny the fact, that Sebastian County, Arkansas had a bench warrant for his brother in law, to revoke bond stemming from a sexual charge.

But says those warrants were issued after Tate went missing.

He said, "These warrants weren't ever issued till the 23rd, that was told to me by the bondsman today. He sank on the 22nd. he was a free man as far as he was concerned."