Jerry Boylan, captain of the Californian diving liveaboard Conception that caught fire and sank killing 34 people four years ago, has been found guilty of criminal negligence.
The captain, the first to abandon ship and the only person charged in connection with what was the worst maritime disaster in recent US history, faces up to 10 years in prison when he is sentenced on 8 February next year.
The verdict came on 6 November at the end of a 10-day trial presided over by US District Judge George H Wu. The jury found Boylan guilty on one count of the federal offence of “seaman’s manslaughter”, a pre-Civil War statute conceived to hold captains and crew to account for maritime disasters.
The case had been investigated by the FBI, Coast Guard Investigative Service and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), according to the US Attorney’s Office in Los Angeles.
The Santa Barbara-based 22m Conception had been anchored off Santa Cruz island in the Channel Islands following a long weekend of scuba diving on 2 September, 2019. The captain and four of his five crew had been asleep in the wheelhouse when fire broke out.
Boylan, 69, had led the way in escaping overboard, followed by the crew. The other crew-member had been sleeping below with the 33 guests in the single bunkroom. With limited means of exit, they had been woken by the fire, as shown by mobile-phone footage, but died trapped in the room.
No night-watch
Boylan had been responsible for the safety and security of the vessel, and the jury concluded that his multiple failings constituted misconduct, gross negligence and inattention to his duties, leading to the victims’ deaths.
Apart from being the first to abandon ship while the passengers were still alive and trapped below, Boylan had failed to organise a night-watch; to conduct sufficient fire-drills and crew training; to provide fire-fighting directions to crew after the fire started; to use available equipment including a fire-axe and extinguisher that had been to hand in the wheelhouse; to perform any life-saving or fire-fighting activities, even though he was uninjured; or to use the boat’s public address system to direct passengers and crew.
“In the court of justice, a guilty verdict echoes the collective grief and loss of 34 souls that perished in this tragedy,” said Coast Guard investigative service director Jeremy Gauthier.
“It serves as a solemn reminder of the great duty a master owes his passengers and crew. This verdict stands as a testament to our commitment to seek justice, hold accountable those responsible and honour the memory of those lost.”
Until sentenced, Boylan remains free on $75,000 bail. “This ship captain’s unpardonable cowardice led to the deaths of 34 lives on Labour Day 2019,” said US Attorney Martin Estrada.
“As the jury found, this tragedy could have been avoided had Mr Boylan simply performed the duties he was entrusted to carry out. We hope that today’s verdict brings some solace and closure to the victims’ loved ones.”
Catastrophic loss
“Mr Boylan’s failure to carry out his duties as captain of the Conception led to the catastrophic loss of 34 victims who suffered a horrifying death and perished needlessly in the end,” said Donald Alway, assistant director in charge of the FBI’s Los Angeles Field Office.
“Let this tragedy be a lesson to anyone who commands a boat with vulnerable passengers that proper training, diligence and life-saving measures – when called for – are necessary to safeguard those left in one’s charge.”
As reported on Divernet in September, an unpublished ATF report revealed by the LA Times indicated that the fire had originated in a large “highly combustible” plastics rubbish bin, although it remained conjecture that the source of ignition could have been improperly discarded smoking materials.
Apart from the criminal case against Boylan, multiple civil suits have been brought by families of the dead against Conception operator Truth Aquatics and its owners Glen & Dana Fritzler, as well as the US Coast Guard, accused of allowing Truth Aquatics to continue operating for years despite sub-standard safety precautions aboard its vessels.
Within days of the Conception disaster, the Fitzlers had moved to minimise any possible compensation payments to victims’ families.
They had applied to a US federal court to reduce their financial liability to zero by invoking the obscure Limitation of Liability Act, set up in 1851 before boats were covered by insurance. The same law was invoked in the case of the Titanic.
Also on Divernet: Conception divers’ families sue Coast Guard, Chilling phone footage captured doomed divers, Safety board blames operator for Conception fire, Conception had exit-route exemption, Liveaboard fire leaves 34 dead
