Captain of capsized New York boat hit with federal charges for accident that killed 5-month-old

Manuel Hernandez faces two counts of what is commonly referred to as seaman’s manslaughter, and faces up to 10 years in prison for each charge.MANHATTAN (CN) — New York motorboat captain Manuel Hernandez has been federally charged after his vessel capsized near Liberty Island in the New York Harbor over the weekend, killing a woman and her 5-month-old daughter.Hernandez appeared in the Southern District of New York on Monday, where he sat before a magistrate judge teary-eyed and shackled at the ankles. The 46-year-old was slapped with a pair of federal charges: two counts of misconduct or neglect of ship officers, otherwise known as the Seaman’s Manslaughter Statute.According to prosecutors in his criminal complaint, Hernandez chartered a jam-packed Yamaha AR210 on the New York Harbor on the evening of Aug. 8, despite not being registered or certified to do so.“At approximately 10:20 p.m., approximately three hours and twenty minutes into the tour, while piloting the vessel in the direction of the Statue of Liberty, Hernandez made a U-turn,” Special Agent Mauro Desa of the Coast Guard Investigative Service wrote in the complaint. “The U-turn brought the vessel into a swell, possibly caused by the wake of a larger passing vessel. Hernandez attempted to accelerate the throttle of the vessel to pass through the swell. However, the swell swamped the bow of the vessel and immediately capsized the vessel.”The government claims Hernandez worked for an unnamed tour operator, which brands itself as a luxury provider of limousine and yacht services. But the boat Hernandez was piloting that night was not his own Yamaha AR250 — it was a smaller model AR210 owned by a friend. Despite that, he agreed to take 13 passengers, exceeding the boat’s maximum capacity of 10.Multiple law enforcement boats and an NYPD helicopter responded to the accident on Saturday, recovering all 13 passengers and Hernandez. Two victims, 27-year-old Sara Sanchez and her 5-month-old daughter Antonella Garcia, were found unresponsive and transported to a Brooklyn hospital, according to federal law enforcement.“Upon arrival at the hospital, both [Garcia] and [Sanchez] were pronounced deceased by medical personnel,” Desa wrote in the complaint.The remaining survivors, according to the Coast Guard, are in stable condition.Desa added that Hernandez admitted to law enforcement that he agreed to embark on the tour that night, despite knowing that he had no child- or infant-sized life vests onboard. He instead instructed Garcia’s parents that one of them would need to wear a life vest instead and hold her throughout the tour.“Federal regulations and maritime safety protocols exist to protect the lives and wellbeing of passengers on commercial vessels,” said Jamie McDonald, U.S. Attorney for the Southern District of New York. “The defendant allegedly flouted those regulations when he transported paying customers on a commercial vessel without appropriate licenses, overcrowded the vessel, and took on a five-month-old infant passenger, with no infant life vests onboard. We mourn the tragic drowning deaths of the infant and her mother and urge would-be tour operators and the public to observe all safety protocols for commercial vessels.”Hernandez has not yet been indicted by a grand jury and therefore has not entered a plea. He was released on a $50,000 bond on Monday and did not speak to reporters as he left the courthouse with his public defender.Pursuant to his bond agreement with the government, Hernandez can’t make any contact with anyone who was on the boat that day, nor anyone at the touring company. He’s also barred from operating “any boats or other nautical vessels,” Assistant U.S. Attorney Andrew Stahl said in court.Hernandez is due back in court on September 9.New York City Mayor Zohran Mamdani said on Monday that he was “deeply grateful” to first responders, who he said “responded to this emergency swiftly and performed life-saving work.”“I was heartbroken to learn about the tragic boating incident in NY harbor that killed a young mother and her 5-month-old daughter,” Mamdani said. “My thoughts are with their family and their loved ones as they grieve this devastating loss.”Initially arrested and charged by local law enforcement, Hernandez was transferred to federal custody on Sunday night. He could now face 10 years in prison for each of the seaman’s manslaughter charges.Categories / Courts, CriminalSubscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads