Feds charge unlicensed captain of boat that capsized and killed two in NY

(CNN) — The captain of a boat that capsized Saturday night in the busy waters near the Statue of Liberty, killing a young mother and her 5-month-old daughter, faces two federal counts of misconduct or neglect of a ship officer resulting in death. He did not enter a plea during an initial appearance in federal court.

Manuel Hernandez, 46, of Manhattan, was arrested early Sunday, just hours after the boat carrying 14 people overturned in New York Harbor, the New York Police Department said.

Hernandez was piloting the boat without proper licenses, the complaint alleges, and his vessel, a Yamaha AR210, was over capacity when it capsized.

Hernandez was released Monday on a $50,000 personal recognizance bond. As a condition of his release, he cannot operate any boats or vessels, he must surrender all travel documents and he is to have no contact with the passengers or anyone associated with or employed by the operator.

The captain is due in court for a preliminary hearing on September 9.

Authorities are investigating whether the captain was running an illegal charter without required credentials and safety equipment, the Coast Guard said. Investigators believe the boat likely was over capacity, a law enforcement source briefed on the matter told CNN.

Hernandez faced 13 counts of reckless endangerment filed by local police before federal prosecutors took over the case. In federal court, he is represented by attorney Amy Gallicchio. CNN has reached out to Gallicchio for comment.

Federal rules generally require more credentials and inspections for boats carrying more than six passengers for hire. In 2022, the owner and captain of a chartered boat that flipped in the Hudson River off Manhattan, killing a 7-year-old and an adult, pleaded guilty to a federal charge of misconduct and neglect of a ship officer resulting in death after prosecutors said he ran paid tours without the required Coast Guard credentials.

‘Nobody deserves such a thing’

Police responded around 10:25 p.m. Saturday to a 911 call reporting an overturned vessel in the waters near Liberty Island, where charter and tour operators offer close-up views of the Statue of Liberty amid commercial and recreational vessel traffic.

A large, multiagency emergency air and water response, including scuba divers, ensued in the dark waters south of Manhattan, between New Jersey and Brooklyn.

Twelve of those aboard were pulled from the water before police arrived, all but one were saved by the crew of the first boat on the scene – a small tour vessel outfitted with two full-size hot tubs, said Adam Schwartz, owner of the tour company Sea the City. The survivors are in stable condition, the Coast Guard said.

Rescue teams later found Sara Sanchez, 27, and her 5-month-old daughter, Antonella Garcia, both of Queens, in the water. They were taken to NYU Langone Hospital–Brooklyn and pronounced dead, police said.

The baby’s father, Andres Garcia, survived the boat disaster, a law enforcement official briefed on the investigation told CNN.

“He’s been the hardest working person I’ve ever met in my life,” said Antonio Russo, general manager of Il Punto Ristorante in Manhattan, where Garcia has worked for five years and recently was promoted to waiter.

“Nobody deserves such a thing but especially Andres,” Russo said.

The couple’s 6-year-old son had been with a sitter, Russo said. The boat ride was part of a birthday celebration, a law enforcement official told CNN.

“My thoughts are with the family and their loved ones as they grieve this devastating loss, and I know many New Yorkers feel exactly the same way,” New York Mayor Zohran Mamdani said Monday.

Neighbors of the family are heartbroken, they told WABC: “I’m in shock,” Diego Naranjo said. “For the family, sending condolences to the family. May they rest in peace in heaven.”

“We really care about the future of Andres’ life and his son,” Russo told CNN. “What happened is a tragedy, and no money can actually alleviate the pain.”

What investigators are examining

The boat Garcia, his wife and baby were in was a 22-foot bowrider, a common recreational powerboat, WABC reported. It was still floating, overturned with its hull exposed, Sunday as NYPD officers coordinated recovery efforts, video shared with CNN showed.

A floating crane lifted it, then lowered it bow-first onto the deck of an Army Corps of Engineers vessel as tourists watched from the nearby Staten Island Ferry.

The US District Court for the Southern District of New York is handling the case, according to the NYPD. The US Coast Guard is running its inquiry with the Coast Guard Investigative Service and the NYPD. CNN has asked authorities for more information.

“We are committed to holding illegal operators accountable to (the) highest extent of the law to ensure the safety of everyone on our waterways,” said Capt. Doreen McCarthy, the Coast Guard’s Sector New York commander.

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CNN’s Chris Boyette, Maria Aguilar, Jeff Winter and Andy Rose contributed to this report.