Lawyers argue over blame for 2019 fire that killed 34 as trial starts.
Federal Prosecutors Hold Scuba Dive Boat Captain Responsible for Deadly Fire
In a gripping trial unfolding in Los Angeles, federal prosecutors argued that the captain of a scuba dive boat should be held accountable for the tragic deaths of 34 people in a devastating fire that engulfed the vessel in 2019. The defense, however, placed the blame squarely on the boat’s owner, making this the deadliest maritime disaster in recent U.S. history.
The trial commenced with conflicting accounts presented during the opening statements. Jerry Boylan, the captain, is facing charges of misconduct or neglect of a ship officer, a statute known as “seaman’s manslaughter.” If convicted, Boylan could face up to 10 years in prison.
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Boylan, a 70-year-old, has pleaded not guilty and vehemently denied any wrongdoing. As the trial unfolded, family members of the victims filled the courtroom, listening intently to the heart-wrenching details of their loved ones’ final moments. Boylan and four crew members managed to survive the inferno that engulfed the Conception on September 2, 2019, while 33 passengers and a deckhand tragically perished.
The fire on the 75-foot boat led to significant changes in maritime regulations, congressional reform, and civil lawsuits. Among the victims were a new deckhand pursuing her dream job, an environmental scientist who conducted research in Antarctica, a globetrotting couple, a Singaporean data scientist, and three sisters along with their father and stepmother.
The Conception was anchored off the Channel Islands, just 25 miles south of Santa Barbara, when the fire broke out before dawn on the final day of a three-day excursion. The boat sank less than 100 feet from the shore.
According to prosecutor Matthew O’Brien, Boylan failed to fulfill his responsibilities by neglecting to assign a roving night watchman and inadequately training the crew in firefighting techniques. O’Brien emphasized that as the captain, Boylan held the lives and safety of those on board in his hands.
When the fire broke out, Boylan was the first to jump overboard after making a distress call to the Coast Guard. Meanwhile, 34 individuals were trapped below deck, unable to escape the suffocating smoke and raging flames.
“The 34 people who were killed didn’t have a chance to jump overboard,” O’Brien told the jury. “They were waiting to be rescued. But nobody rescued them.”
While the cause of the fire remains unknown, coroner’s reports attribute the victims’ deaths to smoke inhalation.
Boylan’s defense attorney, Georgina Wakefield, shifted the blame to the boat’s owner, Glen Fritzler. Fritzler, who had designed the Conception and captained the vessel for over four decades, personally trained Boylan when he joined as a deckhand in 1983.
Wakefield argued that Fritzler was responsible for failing to provide proper training in firefighting and other safety measures, creating an environment where no captain under his employ assigned a roving watch. She referred to this as “the Fritzler way,” highlighting that the Coast Guard had certified Truth Aquatics’ records for years.
During the fire, Wakefield claimed that Boylan was unable to reach those trapped below due to the intense 15-foot flames engulfing the Conception. She emphasized that there was no way in or out for anyone.
As of now, Glen Fritzler’s attorneys have not responded to requests for comment. The Fritzlers have refrained from making public statements, except for an interview with Santa Barbara local TV station KEYT shortly after the fire, where Glen Fritzler expressed his deep sadness.
Three days after the tragic incident, Truth Aquatics, the company owned by Glen and Dana Fritzler, filed a lawsuit in U.S. District Court in Los Angeles, seeking to limit their liability to the remains of the boat under a pre-Civil War provision of maritime law. This legal maneuver, successfully employed by the owners of the Titanic and other vessels, requires the Fritzlers to prove they were not at fault. The case is still pending.
The National Transportation Safety Board placed the blame on Boylan, stating that his failure to assign a night watchman allowed the fire to rapidly spread unnoticed. The agency also criticized the Coast Guard for not enforcing the requirement of a roving watchman and recommended the development of a program to ensure boats with overnight passengers have proper supervision.
Victims’ families have filed lawsuits against the Coast Guard as part of ongoing civil suits.
Coast Guard records revealed that, at the time of the fire, no owner, operator, or charterer had been cited or fined for failing to assign a roving patrol since 1991.
Since the incident, the Coast Guard has implemented new regulations, mandated by Congress, regarding fire detection systems, extinguishers, and escape routes, although other measures are yet to be put in place.
How could the outcome of this trial affect the scuba diving industry and the broader maritime community?
Cept for a brief press conference after the incident in which they expressed their grief for the victims and their families. They have since maintained a low profile, leaving the legal battle to Boylan and his defense team.
The trial is expected to continue for several weeks as both sides present their evidence and call upon witnesses to testify. The tragic events of that fateful day in 2019 have left a lasting impact on the diving community and the families of the victims. It is hoped that through this trial, justice will be served and those responsible for the loss of 34 lives will be held accountable.
The outcome of this trial could have far-reaching implications, not only for the scuba diving industry but also for the broader maritime community. It serves as a reminder of the importance of upholding safety regulations and ensuring that proper training and emergency protocols are in place on all vessels. The lessons learned from this tragedy must be used to prevent similar incidents from occurring in the future.
As the trial unfolds, the families of the victims continue to seek closure and justice for their loved ones. They have shown tremendous strength and resilience throughout this ordeal and have become advocates for safer boating practices. Their presence in the courtroom serves as a reminder that behind every statistic and legal term, there are real lives that were lost and real families that have been forever affected.
This trial serves as a somber reminder of the devastating consequences that can occur when negligence and a lack of preparation meet tragic circumstances. It is a tragic chapter in maritime history that should never be forgotten. As the trial moves forward, the world watches and waits for answers, hoping that justice will be served and that the memories of those lost will be honored.
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