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LOS ANGELES (CNS) - The captain of the P/V Conception dive boat that caught fire near Santa Cruz Island in 2019, killing 33 passengers and a crew member, was indicted by a Los Angeles federal grand jury on a charge of misconduct or neglect of ship officer.
Jerry Boylan, 68, of Santa Barbara, is accused of a series of failures and abandoning the ship, which constituted "misconduct, gross negligence, and inattention to his duties" that caused 34 deaths, including two Santa Monica residents, according to the U.S. Attorney's Office.
The fire is considered the worst maritime disaster in modern California history.
The new indictment reinstates a charge against Boylan that was dismissed by a federal judge last month. The judge tossed the charge because it failed to allege gross negligence.
In the new charge, prosecutors contend that Boylan "was responsible for the safety and security of the vessel, its crew, and its passengers" and made a series of errors, including failure to have a night watch or roving patrol, to conduct sufficient fire drills and crew training, and to provide firefighting instructions or directions to the crew after the fire started in the predawn hours of Sept. 2, 2019.
The indictment also alleges that Boylan failed to use firefighting equipment, including a fire ax and fire extinguisher that were next to him in the wheelhouse, to fight the fire or attempt to rescue trapped passengers, failed "to perform any lifesaving or firefighting activities whatsoever at the time of the fire, even though he was uninjured" and failed to use the boat's public address system to warn passengers and crew members about the fire.
Prosecutors contend Boylan was the first crew member to abandon ship "even though 33 passengers and one crew member were still alive and trapped below deck in the vessel's bunkroom and in need of assistance to escape," the indictment states.
An arraignment date was not immediately set.
The charge of misconduct or neglect of ship officer carries a penalty of up to 10 years in federal prison.
Among the nearly three dozen people trapped aboard the 75-foot passenger boat when it sank were two Santa Monica residents, Marybeth Guiney and Charles McIlvain, diving enthusiasts who lived in the same condominium complex.
The fire that broke out while the boat was anchored in Platt's Harbor near Santa Cruz Island engulfed the ship and led to its sinking, resulting in the deaths of the 34 people who had been sleeping below deck. Boylan was among five crew members who were able to escape and jump into the water.
Boylan was originally charged in December 2020 with 34 counts of seaman's manslaughter, but after the defense objected, prosecutors refiled an indictment in July on a single count covering all the deaths.
The fire prompted criminal and safety investigations. Victims' families have also filed claims against the boat owners, Glen and Dana Fritzler and Truth Aquatics.
The company, in turn, filed a legal claim to shield them from damages under a maritime law that limits liability for vessel owners.
The families' suits allege that the 41-year-old Conception was in blatant violation of numerous Coast Guard regulations, including failing to maintain an overnight "roving" safety watch and failure to provide a safe means for storing and charging lithium-ion batteries, and that the below-deck passenger accommodations lacked emergency exits.