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Cruise ship passenger threatened to jump overboard, investigators say

MIAMI -- A cruise passenger who was captured on video clinging to a lifeboat and falling into the ocean had a fight with his partner just moments before and had threatened to jump overboard, authorities said Monday.

Bernardo Garcia Teixeira, 31, was presumed dead after he fell into the water early Friday. Police and the cruise line say he intentionally jumped off a balcony. An attorney for Garcia Teixeira's family said he fell over the railing.

Garcia Teixeira and his partner, Erik Elbaz, 34, were on Royal Caribbean Cruises' Oasis of the Seas when the ship's security responded to their cabin regarding a domestic disturbance between the two men, the Broward Sheriff's Office said. Security reported evidence of a fight in the couple's room.

Homicide detectives reviewed video taken from Garcia Teixeira's cellphone of the couple's interactions with the ship's security, the sheriff's office said. Garcia Teixeira can be heard declaring that he was planning to jump overboard.

In the recording, Garcia Teixeira can be seen running toward the balcony of his room on the seventh-level deck. The video also shows Elbaz run after Garcia Teixeira, followed by the ship's security staff. Garcia Teixeira jumped from the balcony and landed on a lifeboat hanging next to the fifth deck, authorities said.

Fellow passengers watched in horror as Garcia Teixeira held on for more than a minute as staff members tried to rescue him. Garcia Teixeira eventually fell into the ocean. A short video clip was briefly posted to YouTube but then taken down.

Michael Winkleman, an attorney for Garcia Teixeira's family, told the South Florida Sun Sentinel that the incident was preceded by homophobic comments by the ship's crew toward Garcia Teixeira and Elbaz, who have been married for about a year. Winkleman said the balcony door was open during a fight with about a half-dozen crew members, and Garcia Teixeira fell over the railing.

Winkleman said the victim and his husband were both recording video on their cell phones prior to the incident, and it may be key to showing what lead up to the fall.

"I'm hoping that sheds further light on what actually occurred in that stateroom," Winkleman said. "After Bernardo had fallen into the water, they basically tackled (Bernardo's husband) Eric and ripped his phone from him, basically stealing his phone."

He added that the Broward Sheriff's Office later returned the couple's phones when the ship arrived at Port Everglades on Saturday.

"The surviving husband is distraught," Winkleman said of Eric Elbaz. "They were married for over a year. They lived together in New York City and they were on the cruise to celebrate Eric's birthday. And obviously, it turned into a nightmare. We want a full and fair investigation."

Winkleman said it was Royal Caribbean crew members who instigated the situation.

"Throughout the cruise, there were anti-gay remarks crew members were making against them," said Winkleman.

That escalated into a huge dispute Thursday night while the couple was at a bar. Ship security was needed to intervene.

"A big altercation ensued," explained Winkleman. "That ultimately led to Bernardo falling over the balcony of his stateroom and ending up on the lifeboats."

Royal Caribbean has not responded to those accusations but said security acted professionally and appropriately. The company added that crew members risked their own lives in an attempt to rescue Garcia Teixeira.

"Our ship's security officers responded to reports of domestic dispute loud enough to be heard from several staterooms away," Royal Caribbean said in a statement. "The room was in a state of disarray, and both lamps in the room had been broken. Our officers interviewed the guests separately about their dispute, as is standard procedure. The officers were not in the room when the guest chose to jump off his balcony."

The cruise ship remained in the area, about 17 miles from Turks and Caicos, overnight to assist with a search and then continued on its way later Friday morning. The U.S. Coast Guard suspended its search Saturday. Garcia Teixeira's body has not been recovered.


GRAPHIC VIDEO: Edited video shot by passenger shows man clinging to lifeboat before dropping off.

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