Immigration and Customs Enforcement officers arrested the captain of a tour boat that capsized in New York Harbor earlier this month after the incident killed a mother and her baby.
Manuel Hernandez, 46, is an illegal immigrant from El Salvador who entered the United States in 2007 after lying to a Customs and Border Protection officer about being a U.S. citizen, according to a Wednesday press release from the Department of Homeland Security. After the Coast Guard Investigative Service determined he was an illegal immigrant, ICE’s Enforcement and Removal Operations apprehended the man.
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Hernandez of Manville, New Jersey, was charged with two counts of misconduct and neglect of a ship officer resulting in death, according to the U.S. Attorney’s Office for the Southern District of New York.
The boat captain is being held responsible for the deaths of Sara Sanchez, 27, and her 5-month-old daughter, Antonella Garcia. He had been operating the over-capacity boat without a license at the time of the Aug. 8 incident, according to the DHS. The suspect is up for deportation pending his criminal case.
“This criminal illegal alien was illegally and recklessly conducting unlicensed boat tours in New York Harbor when his boat capsized, killing a 27-year-old woman and her 5-month-old baby,” Homeland Security Secretary Markwayne Mullin said. “Thanks to the hard work of the men and women of the Coast Guard, ICE, and our federal, state, and local partners, this criminal is off our streets and out of our waterways. Once he faces justice for his crimes, we will make sure that he is swiftly removed from our country.”
Hernandez made a U-turn during the sightseeing tour near the Statue of Liberty, causing the boat to capsize and throwing all 14 people aboard the vessel into the water. The boat had a maximum capacity of 10 people. Hernandez was allegedly unaware of the maximum capacity, according to the complaint.
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The captain and 11 passengers were rescued by authorities, but the mother and her child were pronounced dead upon their arrival at a Brooklyn hospital. There was no infant-sized flotation device aboard the vessel, the complaint alleges.
Hernandez was released on a $50,000 personal recognizance bond following his Aug. 10 court hearing. The defendant was not required to enter a plea then, and he was subsequently taken into federal custody.
