Hearing Set to Determine Restitution Amount
Prosecutors are seeking restitution for the families of 34 victims killed in the 2019 scuba dive boat fire, the deadliest maritime disaster in recent U.S. history. A judge will determine the restitution amount during a hearing on Thursday in federal court in Los Angeles. This proceeding comes nearly five years after the tragedy, which has led to changes in maritime regulations, congressional reform, and several ongoing civil lawsuits.
Captain Convicted and Sentenced
Jerry Boylan, the captain of the Conception, was convicted last year of one count of misconduct or neglect of ship officer. Following a 10-day trial in federal court, he was sentenced to four years in prison and three years of supervised release. Boylan, currently out on bond, must report to the Bureau of Prisons by August 8. His appeal is ongoing.
Details of the Incident
The Conception was anchored off Santa Cruz Island, 25 miles south of Santa Barbara, when it caught fire before dawn on the last day of a three-day excursion. The boat sank less than 100 feet from shore. Thirty-three passengers and a crew member perished, trapped in a bunkroom below deck. The victims included an environmental scientist, a globe-trotting couple, a Singaporean data scientist, and a family of three sisters, their father, and his wife.
Boylan was the first to abandon ship, followed by four other crew members who survived. The exact cause of the fire remains undetermined. Prosecutors blamed Boylan for failing to post the required roving night watch and for not properly training his crew in firefighting, allowing the fire to spread undetected across the 75-foot boat.
Ongoing Legal Battles
Boylan’s federal public defenders argued that boat owner Glen Fritzler, who owns Truth Aquatics Inc. with his wife, was responsible for the lack of proper crew training and the absence of a roving watch. They claimed Fritzler created a lax seafaring culture known as “the Fritzler way,” where no captain posted a roving watch.
The Fritzlers have not commented publicly about the tragedy since an interview a few days after the fire. Their attorneys have not responded to requests for comment from The Associated Press.
Lawsuits and Liability
Three days after the fire, Truth Aquatics filed a suit under a pre-Civil War maritime law provision to limit its liability to the value of the boat’s remains. This legal maneuver, historically used by the owners of the Titanic and other vessels, requires the Fritzlers to prove they were not at fault. This case is still pending, along with others filed by victims’ families against the Coast Guard for alleged lax enforcement of the roving watch requirement.
