Man Accused in Fatal Boat Capsize Near Liberty Island Arrested by ICE

A man accused of operating an overcrowded, unlicensed boat tour that tragically capsized near Liberty Island, resulting in the deaths of a mother and her infant daughter, has been taken into immigration custody. Manuel Hernandez, 46, a national of El Salvador, was apprehended by U.S. Immigration and Customs Enforcement (ICE) following an investigation by the U.S. Coast Guard Investigative Service that confirmed his unlawful presence in the United States, according to the Department of Homeland Security (DHS).

Charges and Allegations in Fatal Harbor Incident

Hernandez faces serious charges stemming from the August 8 incident in New York Harbor. New York authorities initially charged him with 13 counts of reckless endangerment. Subsequently, federal prosecutors brought charges of misconduct and neglect of a ship officer resulting in death, related to the capsizing that claimed the lives of a 27-year-old mother and her 5-month-old baby. Federal prosecutors allege that Hernandez was conducting unauthorized boat tours and disregarded multiple safety regulations leading up to the fatal excursion.

According to the federal complaint, Hernandez piloted a Yamaha AR210 vessel that was carrying 14 people, exceeding its stated maximum capacity of 10. Investigators also allege that the infant was brought aboard without an appropriate life vest. Hernandez reportedly told investigators that he was unaware of the requirement for a Merchant Mariner Credential or a Coast Guard Certificate of Inspection. He also claimed the borrowed vessel lacked a capacity placard and that he was unsure of its maximum passenger limit.

Allegations of Illegal Entry and Deception

DHS stated that Hernandez claims to have entered the United States illegally through Texas in 2007. The agency further alleges that he may have deceived a U.S. Customs and Border Protection (CBP) officer by falsely asserting he was a U.S. citizen to gain entry.

Statements from Officials

DHS Secretary Markwayne Mullin issued a statement condemning Hernandez’s actions. “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,” Mullin stated. He affirmed that Hernandez would face the criminal proceedings against him and then be deported. “Once he faces justice for his crimes, we will make sure that he is swiftly removed from our country,” Mullin added.

U.S. Attorney Jamie McDonald commented on the alleged disregard for regulations. “The defendant allegedly flouted those regulations when he transported paying customers on a commercial vessel without appropriate licenses, overcrowded the vessel, and took on a 5-month-old infant passenger, with no infant life vests onboard,” McDonald said in a statement.

Details of the Fatal Excursion

The federal complaint details further allegations regarding the events leading up to the capsizing. Hernandez reportedly told investigators that he had previously operated at least two other paid boat tours for the same company, using his own vessel. He allegedly admitted to not possessing the necessary Merchant Mariner Credential or Coast Guard Certificate of Inspection and stated he was paid approximately $1,000 for each of these trips.

Before the ill-fated tour commenced, Hernandez allegedly inquired about infant flotation devices. When the baby’s parents indicated they did not have one, Hernandez reportedly stated the boat did not have one either. Despite this, prosecutors said Hernandez instructed one of the parents to wear a life vest and hold the infant during the tour.

The vessel eventually capsized near Liberty Island, plunging all 14 occupants into the waters of New York Harbor. According to investigators, Hernandez recounted making a U-turn into a swell, possibly generated by the wake of a larger vessel, and attempting to accelerate through it when water breached the bow. While Hernandez and eleven passengers survived, the mother and infant were recovered unresponsive and later pronounced deceased at a Brooklyn hospital.

Potential Penalties

Each of the two federal charges Hernandez faces carries a maximum potential sentence of 10 years in prison.