A federal charge alleges distraction and safety failures led to a deadly crash near Miami.
**Miami, FL** – A tugboat captain with more than a decade of experience in Biscayne Bay is accused of causing a fatal collision that killed three children after prosecutors say he was using his cellphone while operating a barge with limited visibility. The crash left a sailboat carrying young campers crushed beneath a construction barge near Hibiscus Island, triggering a federal manslaughter charge.
Yusiel Lopez Insua, 46, is charged with one count of seaman’s manslaughter following the July 28 collision that killed 7-year-old Mila Yankelevich, 13-year-old Erin Ko Han, and 10-year-old Arielle Buchman. Prosecutors allege Insua was piloting a 25-foot tugboat, known as the Wood Chuck, while pushing a 108-foot debris-loaded barge when it struck a stalled sailboat carrying five children and a 19-year-old counselor.
Crash details and alleged safety failures
The sailboat, a Hobie Getaway-style catamaran operated by a Miami Yacht Club camp, had lost wind and stalled directly in the path of the oncoming barge as it traveled toward Flagler Monument Island. According to the criminal complaint, the counselor stood and attempted to warn the approaching vessel, but Insua “did not change course or alter the Vessel’s speed” as the sailboat remained motionless.
“Due to the obstructed visibility, and lack of a lookout, Insua did not see the stalled sailboat before the barge struck it,” the U.S. Attorney’s Office for the Southern District of Florida said in a news release.
Prosecutors say the barge then “ran over, capsized, and crushed a stalled sailboat” with the victims aboard. Three people — the counselor and two children — escaped after being dragged underwater. The other three became trapped beneath the barge.
“Thereafter, Victims 4, 5, and 6 escaped being pulled under water as the barge continued to travel on top of the capsized sailboat, submerging it and pinning it under the barge’s hull,” the complaint states. “However, Victim 1, Victim 2, and Victim 3 were trapped in the wreckage of the sailing vessel underneath the barge.”
Investigators say Insua was familiar with the vessel’s blind spots and had experienced prior “near misses” in the same area. The complaint states he “knew, or should have known, that the position of the deckhouse and the crane on the barge portion of the Vessel obstructed the waterline view of a pilot operating the Vessel from the tugboat’s pilothouse.”
Despite those conditions, no lookout was assigned. “When there is no direct line of sight immediately in front of a vessel, and when a vessel is not otherwise equipped to increase visibility, a reasonably prudent vessel operator should assign personnel aboard to act as a lookout,” the complaint continues.
Cellphone use and equipment concerns
A forensic review of Insua’s cellphone found activity during the voyage, including at or near the time of the collision. “A forensic review of Insua’s cellphone revealed internet activity during transit, including at or near the time of the collision,” prosecutors said, adding the device showed use of “internet marketplaces” at the moment of impact.
Authorities also allege the tugboat’s radio was tuned to Channel 9 instead of Channel 16, the emergency frequency, and that the vessel lacked cameras, radar, or other tools to compensate for the obstructed view. The pilothouse windows were reportedly closed, limiting the ability to hear warnings from outside.
Buchman survived the initial impact but died two days later after remaining in critical condition. The Miami-Dade medical examiner ruled the deaths accidental drownings. Two surviving children, ages 7 and 12, were hospitalized and later released.
“Our hearts are with the families of the children who lost their lives in this tragedy,” U.S. Attorney Jason A. Reding Quiñones said. “This information alleges a preventable loss of life on our waterways, including the failure to follow basic maritime safety rules and cellphone use during transit at or near the time of the collision.”
Insua is scheduled to make his initial court appearance on Friday.
