A commercial dive boat captain was convicted of criminal negligence for his role in a 2019 boat fire that claimed the lives of 34 people, a fatal incident described as the deadliest maritime disaster in recent U.S. history.
In November 2023, 69-year-old Jerry Nehl Boylan was found guilty of one count of misconduct or neglect of a ship officer following a 10-day federal criminal trial. According to coverage by the Associated Press, the charge is a pre-Civil War statute designed to hold steamboat captains and crew responsible for maritime disasters — at the time, it was commonly known as “seaman’s manslaughter.”
Labor Day Charter Boat Disaster
The verdict comes more than four years after the deadly Sept. 2, 2019, fire that killed 34 people aboard Boylan’s vessel, the Conception. Throughout the trial, prosecutors with the U.S. attorney’s office in Los Angeles pointed to Boylan’s significant responsibilities as captain, all while alleging he was the first person to abandon the flame-filled ship.
The Conception was anchored just off Santa Cruz Island, south of Santa Barbara, California, at its last stop of a three-day Labor Day weekend dive trip when a fire broke out on the main deck around 3 a.m. Undetected, the fire spread across the 75-foot boat, where it trapped 33 passengers and a crew member in a bunkroom below deck.
The fire was discovered when a crewman sleeping on the upper deck awoke due to a sound. Alerted to the danger, Boylan and four crew members made their way to the entrance of the bunkroom, navigating the encroaching fire in the process before finding the staircase to the space and its escape hatch engulfed in flames.
According to Boylan’s defense, the captain did not abandon ship but stayed in the wheelhouse to radio for assistance and only instructed the crew to jump when he noticed the deckhouse was on fire. His attorney claimed he swam back to the stern of the Conception, but other reports indicate he was picked up by a skiff and eventually rejoined the surviving crew on a boat anchored nearby to call for help.
Prosecutors alleged that Boylan never properly trained his crew in firefighting — pointing to instances that day where crew members disregarded firefighting equipment because they did not know how to use it — and failed to post the required watch that night, a clear violation of boating regulations, according to news coverage of the trial. They also claimed that the captain did not provide firefighting instructions to the crew once the blaze started and ultimately failed to use onboard equipment, including a fire ax and extinguisher, to attempt to fight the fire or rescue passengers.
Boylan’s defense, meanwhile, argued that boat owner Glen Fritzler was ultimately responsible for and failed to train the crew in the necessary safety measures. Instead of having a night watch or roving patrol, Fritzler opted to have a crew member sleep below deck with the passengers.
After the trial, the prosecution declined to answer questions regarding whether Fritzler and his wife, who own Truth Aquatics, Inc., which operated the Conception and other dive boats in the area, would face criminal charges following the guilty verdict.
“The captain is responsible for everything that happens on the ship, including, most importantly, the safety of everyone on board that ship,” U.S. Attorney Martin Estrada said in coverage by the New York Post. Boylan “failed, utterly failed” in those duties, Estrada said.
Boylan faces up to 10 years in prison when he is sentenced on Feb. 8, 2024. Several civil lawsuits related to the fatal incident remain ongoing.
Protecting Your Passengers and Crew
As a United States Coast Guard license holder, you have a significant responsibility — and face enormous risk exposures — related to your professional duties as a captain. This tragic event shows captains and maritime professionals should exercise due diligence in all their responsibilities while paying close attention to the health and safety standards and procedures designed to keep passengers and crew safe.
Whether you’re a fishing, sightseeing or diving vessel, a single incident onboard or at sea can result in loss of life and criminal charges. The devastating example above is a severe warning to maritime professionals regarding the risks of being negligent in their duties, but there are other, less extreme incidents that can also damage your career and reputation. Mariner Liability Insurance coverage protects your license and livelihood, providing liability coverage, loss-of-income protection and covering costs related to marine license protection and defense, civil and criminal defense and more. To learn more about this important liability coverage, visit 360CoveragePros.com/mariner-liability-insurance.
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