Feds charge boat captain in deadly Statue of Liberty capsizing
NEW YORK CITY (WABC) -- The operator of a speedboat that capsized in New York Harbor over the weekend, killing a 27-year-old woman and her infant daughter, was charged Monday with causing their deaths through misconduct or neglect.
Manuel Hernandez, 46, wiped his eyes with his hand as he arrived for his initial appearance in Manhattan federal court. He was not required to enter a plea and was released on bail.
Hernandez is charged federally with negligence as a ship captain resulting in death and misconduct as a ship captain resulting in death.
The vessel was pulled from the water and taken to the New York Police Department's harbor unit facility on Randall's Island.
After state charges were lodged against Hernandez over the weekend, prosecutors said Monday that he will be tried in federal court, not state court.
Investigators are examining whether the vessel was carrying more passengers than allowed and whether Hernandez was operating an illegal charter business. Authorities define an illegal charter as a passenger-for-hire operation that lacks required Coast Guard credentials, safety equipment or a certificate of inspection.
The boat overturned near the Statue of Liberty on Saturday night, triggering a massive rescue response involving the U.S. Coast Guard, FDNY and NYPD. The infant and woman, identified as 5-month-old Antonella Garcia and 27-year-old Sara Sanchez, were transported to NYU Langone Brooklyn in critical condition, where they were pronounced dead.
Sanchez's husband was on board and survived. The couple also has a 6-year-old son.
Twelve other passengers were rescued with minor injuries.
Capt. Doreen McCarthy, the Coast Guard Sector New York commander, credited the rescue of survivors to "heroic, swift actions" by those who responded from various agencies, along with a good Samaritan vessel.
According to the complaint, Hernandez was an unlicensed operator of the boat, and since last year, has worked periodically on a freelance or contract basis for the tour operator, starting as a limousine driver.
He previously piloted tours on his personal boat without holding a Merchant Mariner Credential or a Certificate of Inspection, officials say.
The complaint said he used a friend's boat, called the Vessel, Saturday night because his was in the shop, but he did not tell that boat's owner that he was using it for a paid tour, and said he did not realize that the ship was 4 feet smaller than his own.
He allegedly accepted 40% more passengers than the 22-foot vessel could hold.
Hernandez initially believed that the tour would consist of 12 passengers, but ultimately agreed to take 13 passengers.
Authorities say that Hernandez told victims he did not have a child-sized personal flotation device and instructed the mother to hold the child throughout the tour.
According to the complaint, just before 10:30 p.m., approximately three hours and 20 minutes into the tour, while piloting the vessel toward the Statue of Liberty, Hernandez made a U-turn.
Officials say the U-turn brought the vessel into a swell, possibly caused by the wake of a larger passing vessel.
Hernandez attempted to accelerate the throttle of the vessel to pass through the swell; however, the swell swamped the bow of the vessel and immediately capsized the boat, according to the complaint.
It was an $1,800 boat ride that would end up costing two lives.
The official cause of the capsizing remains under investigation.
(The Associated Press contributed to this report.)
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