The captain of a ship He was found guilty this Monday of criminal negligence for the deaths of 34 people during a fire aboard a ship in 2019 off the coast of Southern California.
The incident is considered deadliest maritime disaster in recent history from United States.
A federal court in downtown Los Angeles determined that Jerry Boylan, 69, was guilty of one count of misconduct or negligence of a ship’s officer, after a 10-day trial.
This position is a pre-Civil War statute known as “sailor manslaughter” which was considered to hold steamship captains and crew members responsible for maritime disasters.
Boylan could be sentenced to 10 years in prison when he is sentenced on February 8, 2024, with the opportunity to appeal the decision.
The jury’s determination is given more than four years after the tragedy occurred, on September 2, 2019in a case that led to changes in maritime regulations, congressional reforms and several ongoing civil lawsuits.
The ship, called Conception, was anchored off Santa Cruz Island, 25 miles south of Santa Barbarawhen a fire occurred on board before dawn on the last day of a three-day excursion.
Boat sank less than 100 feet offshore.
Because of the fire, 33 passengers and one crew member died when they were trapped in a cabin below deck.
Boylan was the first to abandon ship after jumping overboardaccompanied by four other crew members who accompanied him.
During the trial, Both prosecutors and defense tried to identify the culprits for the death of the 34 people.
The U.S. Attorney’s Office said Boylan did not post the required roving night guard and never adequately trained his crew in firefighting. The lack of surveillance allowed the fire to spread undetected along the 75 feet of the boat.
Boylan’s defense tried to blame the boat’s owner, Glen Fritzlerowner with his wife of Truth Aquatics Inc., which operated the Conception and two other dive boats.
The lawyers said that Fritzler was responsible for not training the crew on firefighting and other security measures, as well as creating a lax maritime culture they called “Fritzler style” in which no captain working for him performed roving watches.
Relatives of the victims who died in the fire were relieved that They are finally held responsible for the tragedy.
“We are very happy to let the world know that Jerry Boylan was responsible for this and that he has been found guilty,” said Clark McIlvain, whose son Charles died at age 44 in the fire.
“The captain is responsible for everything that happens on a ship, including, most importantly, the safety of everyone aboard that vessel“said federal prosecutor Martín Estrada.
Although Estrada said Boylan had completely failed in his duties, he declined to comment. whether the ship’s owners would also be charged for the fire after obtaining the guilty verdict against the captain.
After the criminal trial ended, Several civil lawsuits are still pending.
Three days after the fire occurred, Truth Aquatics Sues Pre-Civil War Maritime Law Provision which allows it to limit its liability to the value of the remains of the ship, which was a total loss.
This legal maneuver It was used successfully by the owners of the Titanic and other shipsand requires the Fritzlers to prove they were not at fault.
The case is still pending, as well as others presented by relatives of the victims against the Coast Guard for alleged lax application of the roving surveillance requirement.
The area where the fire occurred, in the Channel Islands, attract boaters, divers and hikers. Five of the eight Channel Islands comprise a national park and Santa Cruz Island is the largest, with about 96 square miles in area.
Keep reading:
· Crew member sues the owner of the Conception, the ship that caught fire on Santa Cruz Island
· Coast Guard warns of dangers when charging cell phones after boat fire in California
· They recover the last body after the Conception boat fire. All the crew were asleep