The operator of a jet boat that capsized in New York, causing the deaths of a 27-year-old woman and her 5-month-old baby, is now facing federal negligence charges.
Defendant Manuel Hernandez, 46, was piloting a jet boat in New York Harbor as part of a paid tour arranged through a tour company, the U.S. Attorney’s Office for the Southern District of New York said in a release.
After sailing for over three hours Saturday, Mr. Hernandez made a U-turn while heading towards the Statue of Liberty.
The maneuver brought the boat into a swell, which engulfed its bow and caused the vessel to capsize at around 10:20 p.m., a U.S. Coast Guard Investigative Service special agent said in the criminal complaint against Mr. Hernandez.
While Mr. Hernandez and 11 others survived and were rescued, the two victims were recovered while unresponsive and were pronounced dead at the hospital, federal prosecutors said.
NBC News identified the dead victims as Sara Sanchez and baby Antonella Garcia.
Federal prosecutors accuse Mr. Hernandez of having 14 people on the boat, which has a maximum capacity of 10 passengers, and of piloting the boat with a baby on board despite not having any child- or infant-sized personal flotation devices available.
An unnamed survivor of the incident also accused Mr. Hernandez in comments to the New York Post of swimming to find the boat’s hull while the other passengers were looking for their loved ones in the water.
Following his arrest Sunday, Mr. Hernandez told law enforcement that on Saturday he was using a friend’s smaller boat because his own boat needed repairs, per the complaint. Mr. Hernandez did not tell his friend that the boat he borrowed would be used for a tour.
Mr. Hernandez told law enforcement that he had previously taken 12 passengers on tours on his personal vessel, abiding by what he believed to be its maximum carrying capacity.
But, according to law enforcement, he said he did not know the maximum amount allowed on the borrowed boat because there was no sign or placard on it to specify the max amount of passengers allowed.
Prosecutors also allege that Mr. Hernandez did not have the U.S. Coast Guard Merchant Mariner Credential for himself or an inspection certificate for the jet boat needed to operate the tour legally.
Mr. Hernandez told law enforcement that he did not know that he needed either document to operate the tour legally, according to the complaint.
Federal prosecutors also said that, due to its type and size, the boat Mr. Hernandez used Saturday would not be eligible for a certificate of inspection that allows for commercial tours.
Mr. Hernandez, a New Jersey resident, is charged with two counts of misconduct and neglect of a ship officer resulting in death. If he is convicted, each count carries a maximum sentence of 10 years in prison, federal prosecutors said.
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