Federal authorities take over case against captain in deadly New York boat capsizing

By Hanna Park, Martin Goillandeau, Gloria Pazmino, CNN

(CNN) — Federal prosecutors have taken over the case against the captain of a boat that capsized Saturday night in the busy waters near the Statue of Liberty, 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, just hours after the boat carrying 14 people overturned in New York Harbor, the New York Police Department said.

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 likely was over capacity, a law enforcement source briefed on the matter told CNN.

Hernandez initially faced 13 counts of reckless endangerment filed by local police, but his case has since been transferred to federal investigators, CNN affiliate WABC reported. Federal charges have not been announced, and it is not clear when Hernandez may appear in court or whether he has an attorney.

How the capsizing unfolded

Police responded around 10:25 p.m. Saturday to a 911 call reporting an overturned vessel near Liberty Island, home to the Statue of Liberty.

A large, multiagency emergency response ensued in the dark waters south of Manhattan, between New Jersey and Brooklyn. Air and water rescue teams, including scuba divers, responded from the Coast Guard, the city’s fire department and the NYPD.

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 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.

Rescue teams later found Sara Sanchez, 27, and her 5-month-old daughter, Antonella Garcia, both of Queens, in the water. They were taken to NYU Langone Hospital–Brooklyn in critical condition and pronounced dead, police said.

The baby’s father survived the boat disaster, a law enforcement official briefed on the investigation told CNN. The couple’s 6-year-old son had been with a sitter, the father’s employer told WABC. The boat ride was part of a birthday celebration, a law enforcement official told CNN.

Neighbors of the family are heartbroken, they told WABC.

“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.

Federal rules generally require additional credentials and inspections for boats carrying more than six passengers for hire, according to the Coast Guard. After a boat chartered by family and friends flipped in 2022 in the Hudson River off Midtown Manhattan, killing a 7-year-old and an adult, its owner and captain 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.

The boat in Sunday’s incident was a 22-foot bowrider, a common recreational powerboat, WABC reported. It was still floating, overturned with its hull exposed, Sunday as NYPD officers coordinated recovery efforts, video shared with CNN showed. A floating crane lifted it, then lowered it bow-first onto the deck of an Army Corps of Engineers vessel as tourists watched from the nearby Staten Island Ferry.

The US District Court for the Southern District of New York is handling the case, according to the NYPD. The US Coast Guard is running its inquiry with the Coast Guard Investigative Service and the NYPD. CNN has asked authorities for more information.

“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.

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CNN’s Mark Morales, Chris Boyette, Maria Aguilar and Andy Rose contributed to this report.