The captain in a deadly boat accident in New York Harbor earlier this month was arrested by Immigration and Customs Enforcement (ICE) after an investigation by the U.S. Coast Guard found that he was in the United States illegally, according to the Department of Homeland Security.
On Wednesday, the Department of Homeland Security (DHS) shared a press release revealing that Manuel Ernesto Hernandez-Umana, who has a pending federal criminal case in connection with the Aug. 8 crash, lied to a border officer and falsely claimed he was a U.S. citizen when he entered the country in Texas in 2007.
Hernandez-Umana, 46, a citizen of El Salvador, is being held at a U.S. Immigration and Customs Enforcement detention facility in Elizabeth, N.J., according to The Associated Press.
Hernandez-Umana was the operator of a boat that capsized earlier this month, killing a mother and her infant daughter.
In a statement to Global News, the New York City Police Department said police received a 911 call reporting an overturned vessel in the vicinity of Liberty Island on Aug. 8 at 10:25 p.m. local time.
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“The NYPD’s Harbor Unit, SCUBA Team and Aviation responded to the scene. A total of 12 individuals were rescued from the water prior to police arrival. A 27-year-old female and 5-month-old female were located in the water by NYPD divers and transported by EMS to NYU Langone Hospital-Brooklyn in critical condition where they were later pronounced deceased,” police said.
The NYPD identified the mother as Queens resident Sara Sanchez, 27, and her five-month-old daughter as Antonella Garcia.
According to Coast Guard investigators, Hernandez was piloting a 21-foot Yamaha AR210 with 14 people aboard — well over its 10-person capacity — when it swamped and sank as it made a U-turn in choppy waters. The tour began around 7 p.m. and the vessel capsized more than three hours into its journey.
The infant wasn’t wearing a life preserver because the boat didn’t have any for small children, prosecutors said. Instead, Hernandez told Sanchez she needed to wear a life vest and hold the infant throughout the hourslong tour, a violation of federal regulations, prosecutors said.
Hernandez-Umana 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.
“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,” said DHS Secretary Markwayne Mullin. “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.”
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U.S. Attorney Jamie McDonald said that federal regulations and maritime safety protocols “exist to protect the lives and wellbeing of passengers on commercial vessels.”
“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. We mourn the tragic drowning deaths of the infant and her mother and urge would-be tour operators and the public to observe all safety protocols for commercial vessels,” McDonald added.
Coast Guard Investigative Service (CGIS) director Josh Packer said, “Illegal charter operations gamble with human life, and in this case, the alleged conduct led to an unthinkable tragedy.”
“As the Coast Guard’s criminal investigative agency, CGIS brings unmatched maritime subject-matter expertise coupled with federal law enforcement authority. 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,” Packer added.
An illegal charter is any passenger-for-hire vessel operation that lacks required U.S. Coast Guard credentials, safety equipment and a certificate of inspection, according to the coast guard.
Illegal charter operations often lack necessary safety equipment and may not meet the same safety standards as legal charters, posing a safety hazard to paying passengers, the coast guard added.
The case is being handled by the U.S. Attorney’s Office’s General Crimes Unit.
—With files from The Associated Press
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