NEW YORK (1010 WINS) — The operator of a speedboat that capsized in New York Harbor over the weekend was charged federally Monday with causing the deaths of a 27-year-old woman and her 5-month-old daughter through misconduct or neglect.
Manuel Hernandez, 46, of Manville, New Jersey, wiped his eyes with his hand as he arrived for his initial appearance in Manhattan federal court, his feet shackled. He was not required to enter a plea and was released on $50,000 bail. .
Sara Sanchez and her infant daughter, Antonella Garcia, died after the 22-foot Yamaha AR210 speedboat overturned late Saturday near the Statue of Liberty in an accident authorities blamed on an overcrowded boat, poor decisions by Hernandez, a lack of appropriate licenses and the failure to put a life vest on a 5-month-old child. Twelve others were rescued and are in stable condition, authorities said.
As Hernandez left the hearing, his court-appointed attorney, Amy Gallicchio, guided him to a waiting vehicle. Both declined to comment.
The vessel was pulled from the water and taken to the New York Police Department’s harbor unit facility on Randall’s Island.
After state charges were lodged against Hernandez over the weekend, prosecutors said Monday that he will be tried in federal court, not state court. He was transferred to federal custody on Sunday.
In a criminal complaint, federal prosecutors brought two charges alleging that Hernandez, as the boat's pilot and operator, engaged in negligent actions and omissions that caused the capsizing and deaths in a boat that exceeded its maximum capacity of 10 people, with 14 on board.
They said he also knowingly operated the boat with an infant on board without ensuring that the child was wearing a life vest and with the awareness that the boat didn't have any child- or infant-sized life vests.
The boat tour, which began at 7 p.m. Saturday, was more than three hours into its journey when Hernandez was piloting the boat toward the Statue of Liberty and made a U-turn that brought it into a swell, possibly caused by a larger passing vessel's wake, according to the complaint.
Hernandez tried to accelerate to pass through the swell, but the swell swamped the bow of his boat and immediately capsized it, prosecutors wrote.
Hernandez told investigators that he had worked for the company on a freelance or contract basis since last year, starting as a limousine driver, they wrote.
He stated that twice recently he used his personal boat, a slightly larger Yamaha AR250, for charter tours organized by Zeus Luxury Rentals Inc., according to the complaint.
He said that on Saturday, he used a friend’s boat because his own needed repairs, but he didn't tell the friend that he was using it for a charter tour, prosecutors wrote.
Hernandez admitted to investigators that he had never sought the required licensing and claimed he was unaware it was needed, they wrote. He also admitted that he agreed to conduct the tour with the 5-month-old on board despite the vessel not having any child or infant-sized life vests, prosecutors said.
Police Commissioner Jessica S. Tisch said the “tragedy could have been prevented, and now a family is left to grieve the unimaginable loss of a mother and her 5-month-old daughter because of his negligence.”
In a news release, U.S. Attorney Jamie McDonald said Hernandez flouted federal regulations and maritime safety protocols when he transported paying customers on a commercial boat without appropriate licenses.
“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,” he said.
Capt. Doreen McCarthy, the Coast Guard Sector New York commander, credited the rescue of survivors to “heroic, swift actions” by those who responded from various agencies, along with a good Samaritan vessel.
Sanchez’s husband, Andres Garcia, was also aboard the boat at the time of the capsizing. Friends are now rallying around him amid the unimaginable tragedy.
A GoFundMe campaign started Sunday by Il Punto Ristorante, the Italian restaurant in Hell’s Kitchen where Garcia works, and the Marco LaGuardia Hotel had topped $25,000 by Tuesday afternoon.
“He was an amazing provider. He is an amazing provider,” Antonio Russo said of his colleague, who is coping with the loss while focusing on the care of his 6-year-old son Salvador.
The fundraiser is intended to help Garcia pay for the funeral and help with other expenses for him and Salvador.
“No amount of money can replace Sara or Antonella,” the GoFundMe reads. “But together, we can give Andres some breathing room to grieve, take care of their son, Salvador, and begin facing a future that changed in an instant.”
“He mentioned how lucky he felt to have a wife so precious,” Russo said. “So that’s what happened on Friday, and [the capsizing] happened on Saturday.”
An investigation into the capsizing led by the Southern District of New York is ongoing.
The Associated Press contributed to this report.
