Captain of boat that capsized near Liberty Island, killing mother and baby, appears in federal court
The captain of the boat that capsized near Liberty Island on Saturday, resulting in the death of a mother and her infant child, appeared in federal court Monday.
Manuel Hernandez, 46, was taken into custody Sunday after initially being arrested on 13 counts of reckless endangerment.
Hernandez appeared in court Monday to face two federal charges of misconduct or neglect of a ship officer resulting in death. Each count carries a maximum sentence of 10 years in prison.
Hernandez was granted a $50,000 bond and ordered to surrender his travel documents, not to operate any boats or nautical vessels, and not to have contact with the passengers who were aboard his vessel, or anyone employed with the tour operator.
His preliminary court date was set for September.
According to the criminal complaint, while working for Zeus Luxury Rental Inc., Hernandez allegedly overloaded a friend's boat on Saturday night. Emergency crews later responded to a report of an overturned 22-foot boat carrying 14 people. Sara Sanchez, 27, and her 5-month-old baby, Antonella, later died at a hospital. They were the wife and child of Andres Garcia, who survived.
According to the complaint, around 10:30 p.m. on Saturday, more than three hours into the tour, Hernandez allegedly made a U-turn which brought the vessel into a swell, possibly caused by the wake of a larger passing vessel. Hernandez attempted to accelerate the throttle to pass through, the criminal complaint alleges, but the boat capsized.
"As alleged in the complaint, Manuel Hernandez showed a complete disregard for the safety of his passengers when he piloted an over-capacity boat without a license that capsized in the New York Harbor," said NYPD Commissioner Jessica Tisch. "This tragedy could have been prevented, and now a family is left to grieve the unimaginable loss of a mother and her 5-month-old daughter because of his negligence."
Friends are trying to raise funds to support Garcia and the couple's 6-year-old son. Colleagues say Garcia is a tireless worker at a hotel and a Hell's Kitchen restaurant who never turned down a shift.
"He told me how blessed he felt to have such a life, that she saved him from a very different life," said Antonio Russo, general manager of Il Punto.
"It's tragic what happened," neighbor Paul Heartman said. "It's a mistake that's going to haunt him the rest of his life -- that two people died."
Capt. Doreen McCarthy of the U.S. Coast Guard says people should ask questions before boarding a vessel.
"I highly encourage you to challenge the owner-operator, ask to see their credentials, look at the safety equipment. Look at the placard to see how many people should actually be on board that vessel. And if there's any doubt, please contact your local Coast Guard unit or Coast Guard Command Center," McCarthy said.
