Captain jailed for four years over California dive boat blaze that killed 34
A scuba dive boat captain found guilty of so-called “seaman’s manslaughter” has been sentenced to four years behind bars in Los Angeles after 34 people died in a fire onboard his vessel.
Captain Jerry Boylan was found guilty of one count of misconduct or neglect of ship officer last year. As well as the four-year custodial sentence he will also face three years of supervised release for criminal negligence.
The blaze on 2 September 2019 was the deadliest maritime disaster in recent US history and prompted changes to maritime regulations, congressional reform and several ongoing lawsuits.
The charge of misconduct or neglect of ship officer last year is a pre-Civil War statute colloquially known as seaman’s manslaughter. It was designed to hold steamboat captains and crew responsible for maritime disasters.
Family members had pleaded with US District Judge George Wu to give Boylan the maximum 10-year sentence, with many tears and impassioned speeches.
The vessel – named the Conception – was anchored off Santa Cruz Island, 25 miles south of Santa Barbara, when it caught fire before dawn on the final day of a three-day excursion, sinking less than 100 feet from shore.
Thirty-three passengers and a crew member died, trapped in a bunkroom below deck. Among the dead were the deckhand, who had landed her dream job; an environmental scientist who conducted research in Antarctica; a globe-trotting couple; a Singaporean data scientist; and a family of three sisters, their father and his wife.
Robert Kurtz, father of the deckhand, Alexandra Kurtz, brought a small container with him up to the lectern to address Boylan and the court on Thursday. “This is all I have of my daughter,” he said.
Yadira Alvarez, the mother of 16-year-old Berenice Felipe, who volunteered at an animal shelter and dreamed of becoming a marine biologist, was the youngest of the victims killed on the boat.
“He’s not a victim. He is responsible for my daughter not being here,” Ms Alvarez said while sobbing in court. “Can you imagine my pain?”
Prosecutors said that Boylan was the first to abandon ship and jump overboard. Four crew members who joined him also survived.
During the hearing, Boylan’s attorney read a statement aloud to the court in which he expressed his condolences and said he has cried every day since the fire.
“I wish I could have brought everyone home safe,” the statement said. “I am so sorry.”
In determining a sentence, Judge Wu said he took into account Boylan’s age, health, the unlikelihood of recurrence and the need for deterrence and punishment. He said while Boylan’s behaviour was reckless, the guidelines for sentencing would not warrant a 10-year sentence.
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