Manuel Hernandez, 46, from Manville, New Jersey, has been charged with two counts of misconduct and neglect of a ship officer resulting in death. The charges stem from a deadly boat capsizing in New York Harbor on Saturday night that claimed the lives of a 27-year-old mother and her 5-month-old infant daughter. Prosecutors allege Hernandez disregarded multiple safety warnings while operating an overcrowded and unauthorized commercial tour vessel.
Hernandez appeared before U.S. Magistrate Judge Valerie Figueredo on Monday. Each of the federal charges carries a potential maximum sentence of 10 years in prison.
Federal prosecutors assert that Hernandez was not properly licensed to transport paying passengers. Furthermore, the Yamaha AR210 vessel he was piloting reportedly carried 14 individuals, exceeding its maximum capacity of 10. Investigators also claim Hernandez knowingly allowed the infant aboard without an adequately sized life vest.
According to the federal complaint, this was not the first instance of Hernandez allegedly conducting commercial tours on New York Harbor without the necessary credentials. Following his arrest, Hernandez reportedly informed investigators that he had previously operated at least two other boat tours for the same company using his own vessel. He allegedly admitted to lacking the required Merchant Mariner Credential and Coast Guard Certificate of Inspection for these earlier trips, stating he received approximately $1,000 for each.
Josh Packer, Assistant Director of the Coast Guard Investigative Service, commented on the dangers of illegal charter operations.
"Illegal charter operations gamble with human life," Packer stated. He added, "In this case, the alleged conduct led to an unthinkable tragedy."
Safety Warnings Allegedly Ignored
Before the fatal journey on Saturday commenced, Hernandez allegedly inquired with the baby's parents about the availability of an infant-sized flotation device. When they confirmed they did not possess one, Hernandez reportedly informed them that the boat also lacked such equipment, as detailed in the complaint. Despite this, Hernandez allegedly instructed one parent to wear an adult life vest and hold the baby throughout the duration of the tour. The child's mother complied with this instruction.
Approximately three hours and 20 minutes into the excursion, as the vessel was approaching the Statue of Liberty, Hernandez allegedly executed a U-turn. This maneuver brought the boat into a significant swell, potentially generated by the wake of a larger passing vessel. Prosecutors allege that Hernandez attempted to accelerate through the swell, but the bow of the boat was swamped, causing the vessel to "immediately capsized."
All 14 people on board were thrown into the waters of the harbor. Eleven passengers and Hernandez were rescued alive. Tragically, the mother and infant were recovered unresponsive and later pronounced deceased at a Brooklyn hospital.
Jamie McDonald, the U.S. Attorney, emphasized the alleged regulatory breaches.
"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," McDonald stated.
The boat utilized for the deadly trip was reportedly borrowed from a friend and was smaller than Hernandez’s personal vessel, which was undergoing mechanical repairs, according to the complaint. Hernandez allegedly told investigators he was unaware of the borrowed boat's maximum passenger capacity and had anticipated 12 passengers before ultimately agreeing to take 13.
Victims Identified as Mother and Daughter
Friends and colleagues identified the victims through a GoFundMe campaign as Sara Sanchez, 27, and her 5-month-old daughter, Antonella Garcia. Andres Garcia, Sanchez’s partner and Antonella’s father, was also on the boat and survived the incident. The fundraiser indicated that Garcia is now grappling with their loss while caring for the couple's 6-year-old son, Salvador. The campaign aims to raise funds for funeral expenses and other related costs, with organizers stating, "No amount of money can replace Sara or Antonella."
NYPD Commissioner Jessica Tisch condemned Hernandez's actions, stating he demonstrated "a complete disregard for the safety of his passengers." Commissioner Tisch added,
"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."
