The individual accused of piloting an overcrowded, unauthorized boat tour that tragically capsized near Liberty Island earlier this month, claiming the lives of a mother and her infant daughter, was residing in the United States without legal authorization and has now been apprehended by immigration authorities, according to the Department of Homeland Security.
Manuel Hernandez, a 46-year-old national of El Salvador, was placed into immigration custody following an investigation by the U.S. Coast Guard Investigative Service, which confirmed his unlawful presence in the nation, DHS reported.
Legal Proceedings and Allegations
Hernandez initially faced 13 counts of reckless endangerment from New York state authorities. Subsequently, federal prosecutors brought two charges against him: misconduct and neglect of a ship officer resulting in death, in connection with the August 8 capsizing incident in New York Harbor.
Federal prosecutors assert that Hernandez was conducting unauthorized boat tours and disregarded numerous safety regulations prior to the fatal excursion, which led to the deaths of a 5-month-old girl and her 27-year-old mother.
Immigration Status Details
The Department of Homeland Security stated that Hernandez claims to have entered the United States unlawfully through Texas in 2007. He allegedly misrepresented himself to a U.S. Customs and Border Protection (CBP) officer, falsely claiming U.S. citizenship to gain entry, according to the agency.
Safety Violations and Fatal Outcome
Prosecutors detailed that Hernandez lacked the necessary license to transport paying passengers. Despite this, he reportedly had 14 individuals aboard the Yamaha AR210 vessel he was operating, exceeding its maximum capacity of 10. Furthermore, he is accused of allowing the 5-month-old infant on board without an appropriate life vest.
According to the federal complaint, Hernandez informed investigators that he was unaware of the requirement for a Merchant Mariner Credential or a Coast Guard Certificate of Inspection. He also purportedly stated that the borrowed vessel did not display a capacity placard and that he did not know its maximum passenger limit.
"This criminal illegal alien was illegally and recklessly conducting unlicensed boat tours in New York Harbor when his boat capsized, killing a 27-year-old woman and her 5-month-old baby," Secretary Markwayne Mullin of the Department of Homeland Security stated.
Secretary Mullin added that Hernandez would be removed from the country following the resolution of his criminal case.
"Once he faces justice for his crimes, we will make sure that he is swiftly removed from our country," Mullin affirmed.
Previous Unlicensed Operations
The federal complaint further indicates that Hernandez allegedly told investigators after his arrest that he had previously conducted at least two other paid boat tours for the same company, utilizing his own vessel. He reportedly admitted to not possessing the required Merchant Mariner Credential or Coast Guard Certificate of Inspection and stated he received approximately $1,000 for each of these trips.
Before the ill-fated journey commenced, Hernandez reportedly inquired with the baby's parents about an infant-sized flotation device. When they confirmed they did not have one, Hernandez informed them that the boat also lacked such a device, as per the complaint. Despite this, prosecutors allege Hernandez instructed one of the parents to wear an adult life vest and hold the baby during the tour.
"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 5-month-old infant passenger, with no infant life vests onboard," U.S. Attorney Jamie McDonald commented.
The vessel subsequently capsized near Liberty Island, casting all 14 occupants into New York Harbor. Hernandez informed investigators that he executed a U-turn into a swell, potentially generated by the wake of a larger vessel, and attempted to accelerate through it before water surged over the bow. Eleven passengers and Hernandez survived the incident, while the mother and infant were recovered unresponsive and later pronounced deceased at a Brooklyn hospital.
Each of the two federal charges carries a potential maximum sentence of 10 years in prison upon conviction.
