The U.S. Coast Guard announced Thursday it has referred its investigation into a July sailboat crash near Miami Beach that killed three girls to the Department of Justice for potential criminal prosecution, citing possible violations of federal seaman's manslaughter laws.

On July 28, a barge being pushed by a towing vessel and a small sailing vessel carrying children from a summer camp crashed near Hibiscus Island in Miami Beach. The incident killed 7-year-old Mila Yankelevich, 13-year-old Erin Ko Han, and 10-year-old Ari Buchman, and injured two others.

The Coast Guard said it referred the case under 18 U.S. Code § 1115, known as the federal seaman's manslaughter statute, against parties connected to the towing company. The uninspected towing vessel is called Wood Chuck, the Coast Guard said. 

"After conducting a thorough marine casualty investigation, we've referred this case to [the] Department of Justice for criminal investigation to ensure full accountability and help deter similar cases in the future," said Coast Guard Sector Miami Commander Capt. Frank J. Florio in a statement. "As the process moves into this new phase, our thoughts and prayers are with those impacted by this tragic incident."

Tragedy on Biscayne Bay near Miami Beach

The crash happened around 11:15 a.m. on July 28 between Hibiscus Island and Monument Island, when the barge struck and dragged the small sailboat underwater. Six people, five girls and one adult counselor, were aboard the vessel, which was part of a summer sailing camp run by the Miami Yacht Club.

Miami Beach Fire Rescue crews were first on scene, joined by Miami, Miami-Dade, Florida Fish and Wildlife Conservation Commission, and Coast Guard teams, who recovered all six people from the water. 

A 7-year-old girl was hospitalized and later released, while a 12-year-old girl and a 19-year-old counselor were treated at the yacht club and did not require hospitalization.

Witness accounts and unanswered questions

Witnesses, including children who were part of the sailing camp, described the moment of impact. 

One young sailor told CBS News Miami: "There was a massive boat and it hit one of the small sailboats. All of the kids went flying off." Another said, "The crane just completely destroyed the boat. The boat just went under."

Marine experts have raised questions about whether the collision could have been avoided. 

PortMiami harbor pilot Jon Nitkin said the crash happened in unrestricted waters where the barge had room to maneuver. He noted that tugboat operators often have poor visibility and depend on lookout crew stationed on the barge's bow — a factor investigators were reviewing.

Statements from attorneys and organizations involved

Attorney for the victims' families expresses gratitude and relief 

Justin B. Shapiro, who represents the families of Erin Ko and Calena Gruber, thanked investigators and emphasized the importance of accountability.

"On behalf of our clients, I want to thank the U.S. Coast Guard for their tireless work in this investigation and their commitment to safety and accountability on the water," Shapiro said. "This referral for criminal charges brings our clients a measure of relief that meaningful steps toward justice are being taken."

Miami Yacht Club supports the Coast Guard's announcement 

David Neblett, attorney for the Miami Yacht Club, said the organization stands behind the Coast Guard's decision and remains focused on safety.

"The Miami Yacht Club supports the U.S. Coast Guard's latest announcement," Neblett said. "As our community continues to mourn for those impacted by this tragedy, we remain committed to advocating for a safer and more accessible Biscayne Bay."

Waterfront Construction Inc. challenges the Coast Guard's referral 

Lorenzo Ja Palomares Starbuck, attorney for Waterfront Construction Inc., criticized the decision to refer charges against the towing vessel's captain.

"This looks pretty selective if not ignorant," he said. "How could they refer criminal charges against our captain—the operator of a vessel with restricted maneuverability, with the right of way — but not against the captain of the sailboat who was overloaded and violated our captain's right of way? The sailboat was overloaded, and it's rated for 4 occupants and 800 pounds. And the master of the sailboat had left the group to sail on her own."