The Incident and Charges
The captain of a boat that capsized in New York Harbor has been charged with two counts of misconduct and neglect resulting in death. The boat capsized near Liberty Island, leading to the deaths of a young woman and her baby.
Manuel Hernandez, 46, faces these charges filed by federal prosecutors in the Southern District of New York. Hernandez appeared in court and was released on $50,000 bail. Both Hernandez and his court-appointed attorney, Amy Gallicchio, declined to comment.
Victims and Vessel Details
Queens resident Sara Sanchez, 27, and her 5-month-old daughter, Antonella Garcia, were the victims of this tragedy. The boat, a Yamaha AR210, was used for a harbor tour near the Statue of Liberty. Hernandez accepted payment for the tour without necessary certifications and operated a vessel not equipped for infant passengers.
The complaint cites several violations: 14 people were onboard, exceeding the vessel’s maximum capacity of 10, and the boat lacked child-sized flotation devices.
Details of the Tragic Night
On that night, Hernandez used a friend’s boat, as his personal boat needed repairs. He did not inform the boat’s owner that it would be used for a paid tour. Hernandez claimed ignorance of the maximum capacity for the vessel but proceeded with 13 passengers onboard.
Around 10:20 p.m., the vessel capsized following a U-turn into a swell, potentially caused by a larger vessel’s wake. The accident left all passengers and Hernandez in the water. Rescue operations by multiple agencies saved 11 passengers, but Sanchez and her baby were found unresponsive and later pronounced dead at the hospital.
Court Allegations
The legal complaint against Hernandez highlights his lack of proper credentials. He never obtained a merchant mariner credential (MMC) or a Coast Guard certificate of inspection required for passenger vessels. These credentials include safety courses and rigorous examinations.
Children under 13 must wear personal flotation devices, a regulation not followed during the tour.
Community Support and Mourning
The local community is showing support for the victims’ family. Andres Garcia, the father and husband, is supported by his employers at Il Punto Restaurant and Marco Hotel in New York. Co-workers initiated a fundraising effort to assist Garcia and his surviving child.
Antonio Russo, a general manager at Il Punto, described Garcia as a hardworking family man. He shared how Garcia had expressed happiness about his family shortly before the accident.