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 perished, trapped in a bunkroom below deck. Among the dead were the deckhand, who had landed her dream job; an environmental scientist who did research in Antarctica; a globe-trotting couple; a Singaporean data scientist; and a family of three sisters, their father and his wife.
Boylan was the first to abandon ship and jump overboard. Four crew members who joined him also survived.
Although the exact cause of the blaze remains undetermined, the prosecutors and defense sought to assign blame throughout the trial.
The U.S. Attorney’s Office said Boylan failed to post the required roving night watch and never properly trained his crew in firefighting. The lack of the roving watch meant the fire was able to spread undetected across the 75-foot boat.
Boylan’s attorneys sought to pin blame on boat owner Glen Fritzler, who with his wife owns Truth Aquatics Inc., which operated the Conception and two other scuba dive boats, often around the Channel Islands.
They argued that Fritzler was responsible for failing to train the crew in firefighting and other safety measures, as well as creating a lax seafaring culture they called “the Fritzler way,” in which no captain who worked for him posted a roving watch.
Three days after the inferno, Truth Aquatics and the Fritzlers filed a lawsuit under a pre-Civil War provision of maritime law that allows it to limit its liability to the remains of the boat, which was a total loss. The time-tested legal maneuver has been successfully employed by the owners of the Titanic and other vessels, and requires the Fritzlers show they were not at fault.
The couple’s attorneys did not respond to requests for comment. U.S. Attorney Martin Estrada declined to comment when asked if the Fritzlers would be charged now that prosecutors secured a guilty verdict against Boylan.
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“The captain is responsible for everything that happens on the ship, including, most importantly, the safety of everyone on board that ship,” U.S. Attorney Martin Estrada said outside the courthouse Monday. Boylan “failed, utterly failed” in those duties, Estrada told reporters.
Two to three dozen family members of the victims attended each day of the 10-day trial in downtown Los Angeles. U.S. District Court Judge George Wu warned them against displaying emotion in the courtroom as they watched a 24-second cellphone video showing some of their loved ones’ last moments.
Kendra Chan, 26, was killed on the Conception, along with her father, Raymond “Scott” Chan, 59. Kendra’s mother, Vicki Moore, said Monday that justice was served.
“A strong message came through that if you are captain of a boat, you are truly responsible and there are consequences if you don’t follow the law,” Moore said outside the courtroom after the verdict.
While the criminal trial is over, several civil lawsuits remain ongoing.
Three days after the blaze, Truth Aquatics filed suit in U.S. District Court in Los Angeles under a pre-Civil War provision of maritime law that allows it to limit its liability to the value of the remains of the boat, which was a total loss. The time-tested legal maneuver has been successfully employed by the owners of the Titanic and other vessels and requires the Fritzlers to show they were not at fault.
That case is pending, as well as others filed by victims’ families against the Coast Guard for alleged lax enforcement of the roving watch requirement.
The Channel Islands draw boaters, divers and hikers. Five of the eight Channel Islands comprise the national park and Santa Cruz is the largest within the park at about 96 square miles.
