A New Jersey man has been charged with negligently causing the death of a five-month-old infant and a 27-year-old woman, after the tour boat he was piloting capsized in New York Harbor on August 8.

Federal officials allege that Manuel Hernandez ignored federal regulations and maritime safety protocols in transporting paying customers on a commercial vessel without appropriate licenses, overcrowded the 10-person vessel with 14 people, and had no infant life vests onboard.

Hernandez, of Manville, New Jersey, was charged with two counts of misconduct and neglect of a ship officer resulting in death, each of which carries a maximum sentence of 10 years in prison.

“Illegal charter operations gamble with human life, and in this case, the alleged conduct led to an unthinkable tragedy,” said Coast Guard Investigative Service Assistant Director Josh Packer.

U.S. Attorney Jamie McDonald said that Hernandez had not obtained a U.S. Coast Guard Certificate of Inspection, which is required for a vessel to operate with paying customers onboard. In fact, officials charged, the vessel was of a type and size that made it ineligible to receive such a certificate for the type of operation conducted by Hernandez.

The incident occurred about 10:25 p.m. Saturday near Liberty Island, where the Statue of Liberty stands, the U.S. Coast Guard said.

According to the allegations in the complaint, Hernandez was piloting a Yamaha AR210 when it capsized. All 14 people onboard the vessel were thrown overboard. Shortly after the capsizing, other boats, including commercial vessels and vessels operated by the NY Police, the USCG, and the New York City Fire Department, responded to render emergency assistance.

Eleven passengers and Hernandez were recovered and survived the capsizing. The bodies of the infant and woman were recovered in the water by members of the NYPD and USCG. Both were unresponsive, and upon arrival at the hospital, both were pronounced deceased by medical personnel.

The charges in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

Topics New York