MANVILLE, NJ — A Somerset County man and operator of a boat that capsized near Liberty Island, killing a mother and her 5-month-old daughter, was arrested in connection with the fatal incident.
Manuel Hernandez, 46, of Manville, is charged with two counts of misconduct and neglect of a ship officer resulting in death, each of which carries a maximum sentence of 10 years in prison, according to the United States Attorney for the Southern District of New York.
"Federal regulations and maritime safety protocols exist to protect the lives and wellbeing of passengers on commercial vessels," said U.S. Attorney Jamie McDonald. "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."
The 22-foot vessel overturned at about 10:25 p.m. Saturday, near Liberty Island, sending all 14 people aboard into the water, according to the U.S. Coast Guard and NYPD.
At the time of the capsizing, Hernandez was the pilot and operator of the boat and was conducting a tour for paying customers arranged through a tour operations company, according to authorities.
It is alleged he had 14 people onboard the boat, which exceeded its maximum allowable capacity of 10 people.
Hernandez also knowingly operated the boat with an infant onboard that was not wearing a personal flotation device, according to authorities.
Authorities also say Hernandez did not have a Merchant Mariner Credential, a required USCG certification to operate the boat with paying customers onboard.
He also reportedly did not have a valid USCG Certificate of Inspection, which is required for a boat to operate with paying customers onboard, according to authorities.
A total of 12 people were rescued before police arrived, according to the NYPD.
NYPD divers located a 27-year-old woman and a 5-month-old girl in the water. Both were taken to NYU Langone Hospital-Brooklyn in critical condition and later pronounced dead, police said. The identities of the victims are being withheld pending notification of their families.
The remaining survivors were reported to be in stable condition.
"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 S. Tisch. "This tragedy could have been prevented, and now a family is left to grieve the unimaginable loss of a mother and her five-month-old daughter because of his negligence."
— With reporting by Amie Schaenzer, Patch Staff
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