Manuel Hernandez, a 46-year-old man from Manville, New Jersey, has been charged with two counts of misconduct and neglect of a ship officer resulting in death. The charges stem from an incident on Saturday night when the Yamaha AR210 boat he was piloting capsized in New York Harbor, leading to the deaths of a 5-month-old baby and her 27-year-old mother. Hernandez appeared before U.S. Magistrate Judge Valerie Figueredo on Monday, facing a maximum sentence of 10 years in prison for each charge.
Federal prosecutors allege that Hernandez was not licensed to carry paying passengers and had 14 individuals aboard a vessel that has a maximum capacity of 10. He reportedly took the infant on board without an appropriate life vest. This was not Hernandez's first alleged violation, as he previously piloted at least two other boat tours for the same company without the necessary credentials.
After his arrest, Hernandez admitted to investigators that he lacked the required Merchant Mariner Credential and Coast Guard Certificate of Inspection for those trips and received approximately $1,000 for each tour. Coast Guard Investigative Service Assistant Director Josh Packer stated that illegal charter operations pose significant risks to human life, leading to tragic outcomes.
Prior to the trip, Hernandez inquired if the baby’s parents had an infant-sized flotation device. When they indicated they did not, he informed them that the boat also lacked one. Despite this, he instructed one parent to wear a life vest and hold the baby during the excursion.
Approximately three hours and 20 minutes into the trip, Hernandez allegedly made a U-turn towards the Statue of Liberty, causing the vessel to capsize due to a swell. Eleven passengers and Hernandez survived, while the mother and baby were later pronounced dead at a Brooklyn hospital.
U.S. Attorney Jamie McDonald stated that Hernandez disregarded regulations by transporting paying customers without appropriate licenses, overcrowding the vessel, and taking an infant passenger without life vests. The boat used belonged to a friend and was smaller than Hernandez's own vessel, which required mechanical repairs. The victims have been identified as Sara Sanchez and her daughter, Antonella Garcia. Sanchez’s partner, Andres Garcia, was also on the boat and survived the incident.