NEW YORK — A New Jersey man is facing federal charges after prosecutors allege he negligently operated an illegal commercial boat tour that capsized in New York Harbor, resulting in the drowning deaths of a 5-month-old infant and her 27-year-old mother.
According to the U.S. Attorney’s Office for the Southern District of New York, Manuel Hernandez, 46, of Manville, New Jersey, was charged Monday with two counts of misconduct and neglect of a ship officer resulting in death. Each charge carries a maximum penalty of 10 years in federal prison.
The fatal incident occurred on Saturday, Aug. 8, when Hernandez was piloting a Yamaha AR210 during a sightseeing trip for paying customers.
Prosecutors allege boat was overloaded and operated illegally
Federal investigators allege Hernandez was conducting a commercial tour without obtaining the licenses and inspections required under federal maritime law.
According to the criminal complaint, the boat was carrying 14 people, despite having a maximum capacity of 10.
Prosecutors further allege Hernandez knowingly allowed a 5-month-old infant aboard even though “the infant was not wearing a personal flotation device” and the vessel “was not equipped with any child- or infant-sized” life jackets.
U.S. Attorney Jamie McDonald said, “The defendant allegedly flouted those regulations when he transported paying customers on a commercial vessel without appropriate licenses, overcrowded the vessel, and took on a five-month-old infant passenger, with no infant life vests onboard.”
Authorities also allege Hernandez lacked the required Merchant Mariner Credential needed to transport paying passengers and operated a vessel that was not eligible to receive the required U.S. Coast Guard Certificate of Inspection for commercial service.
Massive rescue response followed capsizing
When the vessel overturned, all 14 people aboard were thrown into New York Harbor.
Commercial vessels, along with responders from the U.S. Coast Guard, NYPD Harbor Unit, and New York City Fire Department, rushed to rescue those in the water.
According to prosecutors, 11 passengers and Hernandez survived.
The bodies of the infant and her mother were recovered by NYPD and Coast Guard personnel. Emergency responders performed CPR before both victims were transported to a Brooklyn hospital, where they were pronounced dead.
“As alleged in the complaint, Manuel Hernandez showed a complete disregard for the safety of his passengers when he piloted an over-capacity boat without a license that capsized in the New York Harbor,” NYPD Commissioner Jessica Tisch said.
The Coast Guard Investigative Service said it will continue pursuing operators who violate maritime safety laws.
“Illegal charter operations gamble with human life, and in this case, the alleged conduct led to an unthinkable tragedy,” Assistant Director Josh Packer said.
The charges are allegations, and Hernandez is presumed innocent unless proven guilty in court.
Key Points
- A Manville, New Jersey, man has been federally charged after a fatal New York Harbor boat capsizing.
- Prosecutors allege the boat carried 14 people despite a maximum capacity of 10 and lacked infant life jackets.
- A 5-month-old infant and her 27-year-old mother died after the vessel overturned.
FAQ
Who was charged?
Manuel Hernandez, 46, of Manville, New Jersey.
What charges does he face?
Two counts of misconduct and neglect of a ship officer resulting in death.
What happened?
Federal prosecutors allege Hernandez illegally operated an overcrowded commercial sightseeing trip that capsized in New York Harbor.
How many people were on the boat?
Fourteen people were aboard, although prosecutors say the vessel was rated for only 10 occupants.
Who died?
A 5-month-old infant and her 27-year-old mother drowned after the boat capsized.
Source: U.S. Attorney’s Office, Southern District of New York
