The captain of the Conception dive boat that caught fire near Santa Cruz Island on Labor Day 2019 is scheduled to be sentenced for criminal negligence in the deaths of all 34 people.
that caught fire near Santa Cruz Island on Labor Day 2019 is scheduled to be sentenced Thursday for criminal negligence in the deaths of all 33 passengers, including two Santa Monica residents, and a crew member.The federal criminal jury in downtown Los Angeles returned its guilty verdict last Nov. 6 on the single charged count of misconduct or neglect of ship officer, a pre-Civil War law also known as seaman's manslaughter, at the end of the first day of deliberations.
The Los Angeles Times reports the trash can was under the stairs of the main deck of the drive boat and the fire quickly spread, leaving 33 passengers and a crew member trapped below deck. Meanwhile, 33 passengers and one crew member were still alive and trapped below deck in the vessel's bunk room and in need of assistance to escape, prosecutors said.
According to evidence presented at the 10-day trial, Boylan, as captain of the Conception, committed a series of failures -- including abandoning his ship instead of rescuing passengers -- that resulted in the disaster. Such conduct constituted misconduct, gross negligence, and inattention to his duties and led to the deaths of 34 victims, the jury found.
In one of the most harrowing parts of the trial, the jury was shown cell phone video taken by a passenger before she died showing those in the sleeping quarters as it was filling up with smoke. Among the nearly three dozen people trapped aboard the passenger boat when it sank were two Santa Monica residents, Marybeth Guiney and Charles McIlvain, diving enthusiasts who lived in the same condominium complex.Boylan was originally charged in December 2020 with 34 counts of seaman's manslaughter, but after the defense objected, prosecutors refiled an indictment on the single count covering all the deaths.
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