Skipper in Fatal New York Boat Accident Has Been Arrested by ICE

The skipper of the boat that capsized in a deadly accident in New York's harbor earlier this month has been arrested by Immigration and Customs Enforcement, shortly after he posted bail for charges of seaman's manslaughter relating to the death of a female passenger and her infant child.

Manuel Ernesto Hernandez-Umana, 46, was allegedly operating an unregistered Yamaha speedboat in New York Harbor on August 8. He was employed by a tour operator as a freelancer, and he had 13 paying passengers on board, according to the Coast Guard. The vessel was rated for a maximum occupancy of 10 people, and it lacked a COI for for-hire operations, the USCG found. It would not have met COI passenger vessel standards even if a permit had been sought. Hernandez did not possess a "six-pack" license, nor the higher licensing required to skipper a passenger boat with seven or more passengers.

One of the passengers was an infant child, and the vessel lacked infant-sized PFDs, according to charging documents. Prosecutors say that Hernandez instructed the child's mother to hold on to the infant throughout the voyage, in lieu of a federally required child-size PFD.

At about 1900 hours on the 8th, the passenger boat set out for a trip around New York Harbor. Hernandez allegedly collected a total of $1,800 from his passengers for the service. At about 2220 hours, the vessel neared the Statue of Liberty and initiated a U-turn. It then encountered a swell, possibly from the wake of another vessel. The swell swamped the bow, causing the boat to immediately capsize. All 14 occupants were thrown into the water.

A multitude of response vessels attended the casualty in short order, including good Samaritan vessels and patrol boats from every available agency. 12 people, including Hernandez, were rescued safely. The mother and her child did not survive and were pronounced deceased on arrival at a nearby hospital.

On August 10, Hernandez was charged with two counts of seaman's manslaughter (misconduct or neglect of ship officer resulting in death, 18 U.S. Code Sec. 1115).

“Federal regulations and maritime safety protocols exist to protect the lives and wellbeing of passengers on commercial vessels,” said U.S. Attorney Jamie McDonald in a statement. “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."

After posting bail, Hernandez was swiftly re-arrested by Immigration and Customs Enforcement for alleged illegal entry into the United States. According to the Department of Homeland Security, he illegally crossed the Texas border in 2007 and lied about his citizenship status in order to gain entry. "Once he faces justice for his crimes, we will make sure that he is swiftly removed from our country," said DHS Secretary Markwayne Mullin.