A New Jersey man faces federal charges in connection with a deadly boat capsizing in New York Harbor that claimed the lives of a mother and her infant daughter. Manuel Hernandez, 46, of Manville, has been charged with two counts of misconduct and neglect of a ship officer resulting in death.
Federal prosecutors allege that Hernandez was operating an unlicensed boat tour with 14 people aboard, exceeding the vessel's maximum capacity of 10. He is also accused of knowingly taking a 5-month-old infant onto the boat without an appropriate life vest. The charges each carry a maximum sentence of 10 years in prison.
According to the federal complaint, Hernandez, who is not licensed to carry paying passengers, had allegedly conducted other illegal boat tours for the same company using his own vessel, for which he was paid approximately $1,000 per trip. He reportedly acknowledged lacking the required Merchant Mariner Credential and Coast Guard Certificate of Inspection for those excursions.
Before the fatal trip on Saturday, Hernandez allegedly inquired about an infant flotation device for the 5-month-old. When the parents stated they did not have one, Hernandez informed them that the boat did not carry one either. Despite this, he allegedly instructed one parent to hold the baby while wearing a life vest.
Approximately three hours and 20 minutes into the tour, while heading toward the Statue of Liberty, Hernandez allegedly made a U-turn into a swell, possibly caused by the wake of a larger passing boat. Prosecutors claim he attempted to accelerate through the swell, but the vessel was swamped and capsized. All 14 individuals aboard were thrown into the water; 11 passengers and Hernandez survived. The baby and her mother were recovered unresponsive and later pronounced dead at a Brooklyn hospital.
The victims were identified as Sara Sanchez, 27, and her 5-month-old daughter, Antonella Garcia. Sanchez's partner and Antonella's father, Andres Garcia, was also on board and survived. He is now caring for the couple's 6-year-old son, Salvador, as friends and colleagues have organized a GoFundMe to cover funeral expenses.
Josh Packer, Assistant Director of the Coast Guard Investigative Service, stated that illegal charter operations "gamble with human life," and in this instance, the alleged conduct resulted in an "unthinkable tragedy."
NYPD Commissioner Jessica Tisch commented that Hernandez displayed "a complete disregard for the safety of his passengers" and that the tragedy was preventable due to his alleged negligence. The boat used in the incident belonged to a friend, as Hernandez's own vessel was undergoing mechanical repairs. He reportedly told investigators he was unaware of the borrowed boat's capacity and had initially expected only 12 passengers before agreeing to take 13.