The captain of a boat that capsized in New York Harbor earlier this month, killing a child and her mother, has been detained by US Immigration and Customs Enforcement, authorities stated.
Manuel Ernesto Hernandez-Umana, 46, was arrested on August 9 and charged after a boat carrying 14 individuals capsized close to the Statue of Liberty. A grievance filed in the Southern District of New York stated he was piloting the boat with out correct licenses and that his vessel, a Yamaha AR210, was over capability when it capsized.
“After an investigation by the Coast Guard Investigative Service (CGIS) confirmed Hernandez-Umana’s unlawful presence in the United States, U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) arrested him,” the Department of Homeland Security stated in a press release Wednesday.
Hernandez faces two federal counts of misconduct and neglect of a ship officer ensuing in dying. The captain didn’t enter a plea throughout an preliminary look in federal courtroom on August 10.
Hernandez was launched the identical day on a $50,000 private recognizance bond with sure situations, together with to not function any boats or vessels.
He additionally faces state fees, together with 13 counts of reckless endangerment, the New York Police Department stated.
He stays in ICE custody whereas awaiting trial and might be topic to removing proceedings after the conclusion of his prison case and any sentence imposed, in response to DHS.
Hernandez, an El Salvador nationwide, informed authorities he entered the US illegally by Texas in 2007 after falsely claiming to be a US citizen, DHS stated.
CNN has reached out to Hernandez’s lawyer for remark.
Authorities stated earlier they had been investigating whether or not the captain was working an unlawful constitution with out required credentials and security tools. Federal rules typically require extra credentials and inspections for boats carrying greater than six passengers for rent.
The boat journey was half of a birthday celebration, a legislation enforcement official informed CNN.
Vessel capsizes, killing mother and child in NY Harbor
A 27-year-old lady and a 5-month-old woman had been killed after a vessel overturned in the New York Harbor close to the Statue of Liberty Saturday night time, in response to police. The captain of the boat has been arrested and charged with reckless endangerment, the NYPD stated. The US Coast Guard is investigating the trigger of the boat’s capsizing.
The boat’s capsize triggered a fleet of emergency vessels to the open waters between the Statue of Liberty and the Brooklyn shore. Twelve individuals had been pulled from the harbor, however two others had been discovered in crucial situation.
Sara Sanchez, 27, and her 5-month-old, Antonella Garcia, each of Queens, had been taken to the hospital, the place they had been later pronounced lifeless, police stated.
The child’s father, Andres Garcia, survived the boat catastrophe, a legislation enforcement official briefed on the investigation informed CNN. The couple’s 6-year-old son had been with a sitter, stated a coworker of Garcia’s.
The US Coast Guard stated it was investigating what brought about the boat to capsize in coordination with the Coast Guard Investigative Service and the NYPD.
“Illegal charter operations gamble with human life, and in this case, the alleged conduct led to an unthinkable tragedy,” stated CGIS Assistant Director Josh Packer. “Working with our federal, state, and local partners, we will continue to investigate those who ignore passenger vessel safety laws and put the public in danger.”
Prosecutors stated Hernandez piloted the boat right into a swell and had accelerated the throttle to attempt to move by it till the swell swamped the bow of the boat, capsizing it instantly, a grievance alleged.
There had been no infant life vests onboard, prosecutors stated.