▶ Watch Video: Mother, 5-month-old baby killed in New York boat capsize, captain arrested
A woman and her 5-month-old baby died after a vessel carrying 14 people overturned in New York Harbor on Saturday night, according to police, and the boat’s captain now faces federal charges.
Manuel Hernandez, 46, was arrested on 13 counts of reckless endangerment, police said Sunday, and authorities are investigating whether the vessel was operating illegally as a charter, the U.S. Coast Guard said.
Hernandez also appeared in federal court in Manhattan on Monday and was charged with two counts of misconduct and neglect of ship officer resulting in death, according to a federal complaint. He was not required to enter a plea and was released on $50,000 bail, The Associated Press reported. Hernandez has been transferred to federal custody, law enforcement sources told CBS News.
Hernandez and his lawyer, Amy Gallicchio, declined to comment outside court on Monday, The AP reported.
AP Photo/Larry Neumeister
According to the federal charging documents, Hernandez was operating the vessel with 14 people onboard, which exceeded the maximum allowable capacity of 10. Hernandez “knowingly operated the Vessel with an infant onboard, knowing that the infant was not wearing a personal floatation device,” the documents state.
Hernandez was allegedly operating the vessel without a valid Coast Guard Certificate of Inspection, “which is required for a vessel to operate with paying customers onboard, and, in fact, the Vessel was of a type and size that made it ineligible to receive a COI for the type of operation conducted by Hernandez,” according to the charging documents.
An illegal charter is any passenger-for-hire vessel operation that lacks Coast Guard credentials, safety equipment and inspection certificates, the Coast Guard said.
The New York Police Department said it was called to an overturned vessel near Liberty Island, home to the Statue of Liberty, at 10:55 p.m. on Saturday. The department deployed a harbor unit, a scuba team and an aviation team to the scene, where 12 people had already been rescued from the water.
A 27-year-old woman and a 5-month-old baby girl were located and taken to NYU Langone Hospital, where they were declared deceased on arrival, according to authorities. Law enforcement sources identified to CBS News the 27-year-old woman as Sara Sanchez and her baby as Antonella Garcia.
Il Punto Ristorante, an Italian restaurant in Midtown Manhattan, said on social media that Sanchez and Garcia were the wife and daughter of one of their employees, Andres Garcia, who was also on the boat.
“What was meant to be a joyful family outing ended in unimaginable tragedy,” the restaurant wrote on Instagram.
A coworker told CBS New York that Andres Garcia and Sanchez also have a 6-year-old son, but it was not clear if he was also on the boat. Police said the family lived in College Point, Queens, and neighbors told CBS New York they had just moved there about two months ago.
A Sea the City boat initially saw the capsized boat and people in the water and helped 11 people out of the water, according to the company’s founder, Adam Schwartz.
The remaining survivors were taken to a local hospital and, according to police, had minor injuries.
“We are deeply saddened by the tragic loss of life last night, and our thoughts are with the victims’ family and loved ones during this incredibly difficult time,” Captain Doreen McCarthy, the Coast Guard Sector New York commander, said in a statement. “We are extremely grateful for the heroic, swift actions of our partner agencies and Good Samaritan vessel who assisted in rescuing survivors from the water.”
Police said they are investigating the cause of the deadly incident.