A New Jersey man accused of running illegal boat tours allegedly ignored multiple safety warnings before an overcrowded New York Harbor excursion turned deadly, killing a 5-month-old baby and her 27-year-old mother.
Manuel Hernandez, 46, of Manville, was charged Monday with two counts of misconduct and neglect of a ship officer resulting in death after the Yamaha AR210 he was piloting capsized Saturday night.
Hernandez appeared Monday before U.S. Magistrate Judge Valerie Figueredo on the two charges, each of which carries a maximum sentence of 10 years in prison.
Federal prosecutors say Hernandez was not licensed to carry paying passengers, had 14 people aboard a boat with a maximum capacity of 10 and knowingly took the infant out without an appropriate life vest.
According to the federal complaint, it was not Hernandez’s first time allegedly taking paying customers onto New York Harbor without the required credentials.
After his arrest, Hernandez allegedly told investigators he had previously piloted at least two other boat tours for the same tour company using his own vessel.
He allegedly acknowledged he lacked the required Merchant Mariner Credential and Coast Guard Certificate of Inspection for those trips and said he was paid about $1,000 for each.
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Coast Guard Investigative Service Assistant Director Josh Packer said illegal charter operations "gamble with human life."
"In this case, the alleged conduct led to an unthinkable tragedy," Packer said.
Before Saturday’s fatal trip even began, Hernandez allegedly asked the baby’s parents whether they had an infant-sized flotation device. When they said they did not, Hernandez told them the boat did not have one either, according to the complaint.
Despite that, Hernandez allegedly instructed one parent to wear a life vest and hold the baby throughout the tour. The child’s mother did so.
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About three hours and 20 minutes into the excursion, Hernandez allegedly made a U-turn while heading toward the Statue of Liberty, bringing the vessel into a swell that may have been caused by the wake of a larger passing boat.
Hernandez tried to accelerate through the swell, but it swamped the bow and the vessel "immediately capsized," prosecutors allege.
All 14 people were thrown into the harbor. Eleven passengers and Hernandez survived, while the mother and baby were recovered unresponsive and later pronounced dead at a Brooklyn hospital.
"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," U.S. Attorney Jamie McDonald said.
The boat used in the fatal trip belonged to a friend and was smaller than Hernandez’s own vessel, which needed mechanical repairs, according to the complaint.
Hernandez allegedly told investigators he did not know the borrowed boat’s maximum capacity and had expected 12 passengers before ultimately agreeing to take 13.
The victims were identified in a GoFundMe organized by friends and colleagues as Sara Sanchez, 27, and her 5-month-old daughter, Antonella Garcia. Sanchez’s partner and Antonella’s father, Andres Garcia, was also aboard the boat and survived.
Garcia is now grieving their deaths while caring for the couple’s 6-year-old son, Salvador, according to the fundraiser, which is raising money for funeral expenses and other costs. "No amount of money can replace Sara or Antonella," organizers wrote.
NYPD Commissioner Jessica Tisch said Hernandez showed "a complete disregard for the safety of his passengers."
"This tragedy could have been prevented, and now a family is left to grieve the unimaginable loss of a mother and her five-month-old daughter because of his negligence," Tisch said.
