NEW YORK (1010 WINS) -- An unlicensed boat tour captain was sentenced to 18 months in prison after his motor vessel capsized in the Hudson River in 2022, causing the deaths of two people, prosecutors announced on Thursday.
Richard Cruz, 33, pled guilty in October 2024 to misconduct and neglect of a ship officer resulting in death.
"This prosecution should send a message to all captains and operators of commercial vessels that there will be consequences when they fail to follow the federal regulations and safety protocols that exist to keep passengers safe," said Danielle R. Sassoon, the U.S. attorney the Southern District of New York.
According to court documents, Cruz, and Jaime Pinilla Gomez, 25, were operating the motor vessel, Stimulus Money, allegedly conducting illegal boat tours in the Hudson River on or about July 12, 2022, when the vessel capsized.
A total of 13 passengers were on board and thrown overboard during the capsizing. Two passengers, a 7-year-old boy and a 48-year-old woman, drowned after being trapped underneath the vessel, according to prosecutors.
The rest of the passengers were found and transferred to Manhattan and survived.
During the capsizing, Cruz, who had bought the vessel three months before the incident, was the owner and captain while Gomez was the vessel's pilot, prosecutors said.
Southern District of New York U.S. Attorney
Prosecutors stated that Cruz and Gomez's "negligent actions and omissions caused the capsizing and the deaths." At the time of the capsizing, Cruz and Gomez had let 13 people on board which exceeded the vessel's maximum capacity. They also allegedly were going at a high rate of speed during a Small Craft Advisory in high winds and heavy seas.
According to court documents, neither Cruz nor Gomez obtained a required United States Coast Guard (USCG) certification to use the vessel with paying customers onboard. They also didn't have a valid USCG certificate of inspection.
In addition to the sentence, Cruz was ordered to pay $50,000 in restitution for the funeral expenses of the victims.
