Unlicensed NYC Boat Operator Ignored Warnings Before Mom, Baby Died: Feds

A New Jersey man accused of operating unlawful boat tours repeatedly disregarded safety requirements before an overcrowded excursion in New York Harbor capsized, leaving a 5-month-old girl and her 27-year-old mother dead, prosecutors said.

Manuel Hernandez, 46, of Manville, was charged Monday with two counts of misconduct and neglect of a ship officer resulting in death after the Yamaha AR210 he was steering overturned Saturday night.

Hernandez made his first appearance Monday before U.S. Magistrate Judge Valerie Figueredo. Each charge carries a potential maximum penalty of 10 years in federal prison.

Federal authorities allege Hernandez did not have a license to transport paying passengers, allowed 14 people onto a boat rated for no more than 10 and knowingly brought the infant aboard without a properly fitted life jacket.

The federal complaint also claims Saturday’s trip was not the first time Hernandez had taken customers onto New York Harbor for hire without the required maritime credentials.

Following his arrest, Hernandez allegedly told investigators he had run at least two prior tours for the same company using his own boat.

He allegedly admitted he did not hold the required Merchant Mariner Credential or Coast Guard Certificate of Inspection for those trips and said he was paid roughly $1,000 for each outing.

Coast Guard Investigative Service Assistant Director Josh Packer said illegal charter operations “gamble with human life.”

“In this case, the alleged conduct led to an unthinkable tragedy,” Packer said.

Before Saturday’s fatal trip even began, Hernandez allegedly asked the baby’s parents whether they had an infant-sized flotation device. When they said they did not, Hernandez told them the boat did not have one either, according to the complaint.

Despite that, Hernandez allegedly instructed one parent to wear a life vest and hold the baby throughout the tour. The child’s mother did so.

About three hours and 20 minutes into the excursion, Hernandez allegedly made a U-turn while heading toward the Statue of Liberty, bringing the vessel into a swell that may have been caused by the wake of a larger passing boat.

Hernandez tried to accelerate through the swell, but it swamped the bow and the vessel “immediately capsized,” prosecutors allege.

All 14 people were thrown into the harbor. Eleven passengers and Hernandez survived, while the mother and baby were recovered unresponsive and later pronounced dead at a Brooklyn hospital.

“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,” U.S. Attorney Jamie McDonald said.

The boat used in the fatal trip belonged to a friend and was smaller than Hernandez’s own vessel, which needed mechanical repairs, according to the complaint.

Hernandez allegedly told investigators he did not know the borrowed boat’s maximum capacity and had expected 12 passengers before ultimately agreeing to take 13.

The victims were identified in a GoFundMe organized by friends and colleagues as Sara Sanchez, 27, and her 5-month-old daughter, Antonella Garcia. Sanchez’s partner and Antonella’s father, Andres Garcia, was also aboard the boat and survived.

Garcia is now grieving their deaths while caring for the couple’s 6-year-old son, Salvador, according to the fundraiser, which is raising money for funeral expenses and other costs. “No amount of money can replace Sara or Antonella,” organizers wrote.

NYPD Commissioner Jessica Tisch said Hernandez showed “a complete disregard for the safety of his passengers.”

“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,” Tisch said.