Federal authorities take over case against captain charged in deadly New York boat capsizing
CNN
By Hanna Park, Martin Goillandeau, Gloria Pazmino, CNN
(CNN) — Federal prosecutors have taken over the case against the captain of a boat that capsized in the busy waters near the Statue of Liberty on Saturday night, killing a young mother and her 5-month-old daughter, as authorities investigate what caused the boat to overturn.
Manuel Hernandez, 46, of Manhattan, was arrested early Sunday and charged with 13 counts of reckless endangerment, just hours after the boat carrying 14 people overturned in New York Harbor, the New York Police Department said.
He has since been transferred to federal custody after receiving treatment at a hospital, according to CNN affiliate WABC. It is not yet clear when Hernandez is scheduled to appear in court, or whether he has retained an attorney.
Authorities are investigating whether the captain was running an illegal charter without required credentials and safety equipment, the Coast Guard said. Investigators believe the boat was likely over capacity, a law enforcement source briefed on the matter told CNN.
How the capsizing unfolded
Police responded to a 911 call about 10:25 p.m. Saturday reporting an overturned vessel near Liberty Island, home to the Statue of Liberty.
A large, multi-agency emergency response ensued in the dark waters south of Manhattan, between New Jersey and Brooklyn. Air and water rescue teams responded from the Coast Guard, the city’s fire department and the NYPD, including a scuba diving team.
Twelve of the 14 people aboard were pulled from the water before police arrived. Eleven were saved by the captain and crew of the first boat to reach the scene – a hot tub boat, a small vessel outfitted with two full-size hot tubs for harbor tours, according to Adam Schwartz, owner of the tour company Sea the City. The survivors are in stable condition, the Coast Guard said.
Search-and-rescue teams later found Sara Sanchez, 27, and her 5-month-old daughter, Antonella Garcia, both of Queens. They were taken to NYU Langone Hospital–Brooklyn in critical condition and later pronounced dead, police said. The baby’s father was aboard and survived, a law enforcement official briefed on the investigation told CNN.
The employer of the baby’s father told WABC the couple had a 6-year-old son who was with a sitter while they joined church friends on the boat to celebrate a birthday.
Neighbors of the family told WABC they are heartbroken over the tragedy.
“I’m in shock,” Diego Naranjo said. “For the family, sending condolences to the family. May they rest in peace in heaven.”
What investigators are examining
The waters around Liberty Island are among the busiest in the harbor, used by commercial and recreational vessels alike and served by numerous charter and tour operators offering close-up views of the Statue of Liberty.
WABC reported the boat involved was a 22-foot bowrider, a common recreational powerboat. CNN has reached out to authorities for more information.
The US District Court for the Southern District of New York is handling the case, according to the NYPD. CNN has reached out to the US District Court and Manhattan District Attorney’s office for comment. The US Coast Guard is running its inquiry with the Coast Guard Investigative Service and the NYPD.
“We are committed to holding illegal operators accountable to (the) highest extent of the law to ensure the safety of everyone on our waterways,” said Capt. Doreen McCarthy, the Coast Guard’s Sector New York commander.
On Sunday, the boat was recovered by authorities from New York Harbor. Video shared with CNN showed the vessel overturned and floating with its hull exposed as NYPD officers coordinated recovery efforts.
If the vessel was carrying paying passengers, federal rules generally require additional credentials and inspections once a boat carries more than six passengers for hire, according to the Coast Guard.
In July 2022, a boat chartered by a group of family and friends flipped in the Hudson River off Midtown Manhattan, killing 7-year-old Julian Vasquez and 47-year-old Lindelia Vasquez. The boat’s owner and captain later pleaded guilty to a federal charge of misconduct and neglect of a ship officer resulting in death. Prosecutors said he ran paying tours without the required Coast Guard credentials.
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CNN’s Chris Boyette and Maria Aguilar contributed to this report.
