MANVILLE, NJ — ICE arrested a 46-year-old Manville man in connection with the deaths of a mother and her five-month-old daughter after a boat he was piloting capsized, authorities said.
The U.S. Department of Homeland Security identified Manuel Ernesto Hernandez-Umana as an illegal immigrant from El Salvador.
Hernandez-Umana was piloting an unlicensed tour boat that capsized in New York Harbor on Aug. 8, killing a 27-year-old woman and her 5-month-old infant, authorities said.
Hernandez-Umana is charged with two counts of misconduct and neglect of a ship officer.
An investigation into the capsizing by the Coast Guard Investigative Service uncovered Hernandez-Umana's unlawful presence in the United States, leading to the U.S. Immigration and Customs Enforcement's Enforcement and Removal Operations arresting him.
The DHS said Hernandez-Umana claims to have illegally entered the United States through Texas in 2007, lying to a U.S. Customs and Border Protection officer and falsely claiming to be a U.S. citizen so that he could enter the country.
"This criminal illegal alien was illegally and recklessly conducting unlicensed boat tours in New York Harbor when his boat capsized, killing a 27-year-old woman and her 5-month-old baby," said DHS Secretary Markwayne Mullin. "Thanks to the hard work of the men and women of the Coast Guard, ICE, and our federal, state, and local partners, this criminal is off our streets and out of our waterways. Once he faces justice for his crimes, we will make sure that he is swiftly removed from our country."
Aug. 8 Fatal Boat Capsizing
On Aug. 8 at around 10:25 p.m., a 22-foot vessel overturned, 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.
According to the DHS, Hernandez-Umana had been using the boat to conduct unlicensed tour operations, and the vessel was over capacity at the time of the incident.
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.
Members of the Coast Guard and NYPD recovered the bodies of the two victims, who were pronounced dead upon their arrival at a local hospital.
The remaining survivors were reported to be in stable condition.
"Federal regulations and maritime safety protocols exist to protect the lives and well-being 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 5-month-old infant passenger, with no infant life vests onboard."
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