(CNN) — The captain of a boat that capsized in New York Harbor earlier this month, killing a baby and her mother, has been detained by US Immigration and Customs Enforcement, authorities said.
Manuel Ernesto Hernandez-Umana, 46, was arrested on August 9 and charged after a boat carrying 14 people capsized near the Statue of Liberty. A complaint filed in the Southern District of New York said he was piloting the boat without proper licenses and that his vessel, a Yamaha AR210, was over capacity when it capsized.
“After an investigation by the Coast Guard Investigative Service (CGIS) confirmed Hernandez-Umana’s unlawful presence in the United States, U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) arrested him,” the Department of Homeland Security said in a statement Wednesday.
Hernandez faces two federal counts of misconduct and neglect of a ship officer resulting in death. The captain did not enter a plea during an initial appearance in federal court on August 10.
Hernandez was released the same day on a $50,000 personal recognizance bond with certain conditions, including not to operate any boats or vessels.
He also faces state charges, including 13 counts of reckless endangerment, the New York Police Department said.
He remains in ICE custody while awaiting trial and will be subject to removal proceedings after the conclusion of his criminal case and any sentence imposed, according to DHS.
Hernandez, an El Salvador national, told authorities he entered the US illegally through Texas in 2007 after falsely claiming to be a US citizen, DHS said.
CNN has reached out to Hernandez’s lawyer for comment.
Authorities said earlier they were investigating whether the captain was running an illegal charter without required credentials and safety equipment. Federal rules generally require more credentials and inspections for boats carrying more than six passengers for hire.
The boat ride was part of a birthday celebration, a law enforcement official told CNN.
The boat’s capsize triggered a fleet of emergency vessels to the open waters between the Statue of Liberty and the Brooklyn shore. Twelve people were pulled from the harbor, but two others were found in critical condition.
Sara Sanchez, 27, and her 5-month-old, Antonella Garcia, both of Queens, were taken to the hospital, where they were later pronounced dead, police said.
The baby’s father, Andres Garcia, survived the boat disaster, a law enforcement official briefed on the investigation told CNN. The couple’s 6-year-old son had been with a sitter, said a coworker of Garcia’s.
The US Coast Guard said it was investigating what caused the boat to capsize in coordination with the Coast Guard Investigative Service and the NYPD.
“Illegal charter operations gamble with human life, and in this case, the alleged conduct led to an unthinkable tragedy,” said CGIS Assistant Director Josh Packer. “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.”
Prosecutors said Hernandez piloted the boat into a swell and had accelerated the throttle to try to pass through it until the swell swamped the bow of the boat, capsizing it immediately, a complaint alleged.
There were no infant life vests onboard, prosecutors said.
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