LOS ANGELES – A scuba diving boat captain has been convicted of criminal negligence in the deaths of 34 people who were killed in a fire aboard the ship in 2019, the deadliest maritime disaster in recent US history.
Jerry Boylan, 69, was found guilty of one count of misconduct or neglect of a ship’s officer, a pre-Civil War statute colloquially known as manslaughter designed to hold the captains and crew of steamships responsible for maritime disasters. Boylan is the only person facing criminal charges related to the fire.
He faces up to 10 years in prison when he is sentenced on February 8.
Relatives of those killed hugged and cried outside the courtroom after the verdict was read. They thanked the FBI case agent who led the investigation.
Clark and Kathleen McIlvain, whose son Charles died aged 44, said they were relieved there was finally accountability for their loss.
“We are very happy that the world knows that Jerry Boylan is responsible for this and has been found guilty,” said Clark McIlvain.
Photo collage of 34 victims of the September 2, 2019 fire on the dive boat, Conception, on Santa Cruz Island.AP
Boylan can appeal. His public defender declined to comment as they left court.
The decision comes more than four years after the September 2, 2019 tragedy, which prompted changes to maritime regulations, congressional reforms and civil lawsuits.
The Conception was docked at Santa Cruz Island, 25 miles south of Santa Barbara, when it caught fire before dawn on the last day of a three-day tour, sinking less than 100 feet from shore.
Defendant Jerry Boylan, captain of the Conception, right, arrives in federal court in Los Angeles, Wednesday, Oct. 25. 2023.AP
Thirty-three passengers and one crew member died, trapped in a bunk room below deck. Among the dead was the deckhand, who had landed his dream job; an environmental scientist doing research in Antarctica; couples roam the world; a Singaporean data scientist; and the family of three sisters, their father and his wife.
Boylan was the first to abandon ship and jump overboard. The four crew members who joined him also survived.
Although the exact cause of the fire has yet to be determined, prosecutors and the defense worked to shift blame throughout the trial.
The burning hull of the submarine Conception is brought to the surface by rescue teams on Santa Cruz Island, Calif., on September 12, 2019.AP
The U.S. Attorney’s Office said Boylan failed to post a required night watch and never properly trained his crews in firefighting. The lack of a watch meant the fire could spread undetected across the 75-foot boat.
Boylan’s attorney tried to blame boat owner Glen Fritzler, who with his wife owns Truth Aquatics Inc., which operates Conception and two other scuba diving boats, often around the Channel Islands.
They argued that Fritzler was responsible for failing to train crew members in firefighting and other safety measures, as well as for creating a lax sailing culture they called “the Fritzler way,” in which no captain working for him posted a round-the-clock watch.
Vicki Moore, left, and Barbara Chan, sister, hold a picture of Vicki’s husband and daughter, Scott Chan, and her daughter Kendra Chan, who died on the Conception dive boat. AP
Three days after the ordeal, Truth Aquatics and the Fritzlers filed a lawsuit under a pre-Civil War provision of maritime law that allowed it to limit its liability to the remains of the boat, which was a total loss. Time-tested legal maneuvers have been successfully used by the owners of the Titanic and other ships, and require the Fritzlers to demonstrate their innocence.
The couple’s attorney did not respond to a request for comment. US Attorney Martin Estrada declined to comment when asked if Fritzler would be charged now that prosecutors have obtained a guilty verdict against Boylan.
“The captain is responsible for everything that happens on board, including, most importantly, the safety of everyone on board,” US Attorney Martin Estrada said outside court Monday. Boylan “failed, absolutely failed” in the task, Estrada told reporters.
US Attorney Martin Estrada and prosecutors speak at a news conference after the verdict in federal court in Los Angeles on November 6, 2023.AP
Two to three dozen family members of the victims attended each day of the 10-day trial in downtown Los Angeles. US District Court Judge George Wu warned them not to show emotion in the courtroom as they watched a 24-second cell phone video showing their loved ones’ last few moments.
Kendra Chan, 26, was killed in Conception, along with her father, Raymond “Scott” Chan, 59. Kendra’s mother, Vicki Moore, said Monday that justice had been served.
“A strong message came through that if you’re the captain of a boat, you’re really responsible and there are consequences if you don’t obey the law,” Moore said outside the courtroom after the verdict.
Although the criminal trial is over, some civil lawsuits are still ongoing.
Three days after the fire, Truth Aquatics filed suit in US District Court in Los Angeles under a provision of pre-Civil War maritime law that allowed it to limit its liability to the value of the boat’s hull, which was a total loss. Time-tested legal maneuvers were successfully used by the owners of the Titanic and other ships and required the Fritzlers to demonstrate their innocence.
That case is pending, as well as another case filed by the victim’s family against the Coast Guard for alleged lax enforcement of the round-the-clock watch requirement.
The Channel Islands attract boaters, divers and hikers. Five of the eight Channel Islands comprise national parks and Santa Cruz is the largest of those parks at approximately 96 square miles.
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Source: thtrangdai.edu.vn/en/
