The operator of a boat that capsized near Liberty Island, killing a 27-year-old mother and her five-month-old daughter, has been detained by U.S. Immigration and Customs Enforcement as he faces federal charges over the deadly incident.
Manuel Hernandez, 46, was taken into ICE custody on Wednesday. The Department of Homeland Security says Hernandez, an El Salvador national, is unlawfully present in the United States and will remain in immigration custody while his criminal case proceeds.
The tragedy occurred on August 8 in New York Harbor, when the vessel Hernandez was operating overturned near the Statue of Liberty. Sara Sanchez, 27, and her five-month-old daughter Antonella Garcia were critically injured and later pronounced dead at a Brooklyn hospital. Twelve other people aboard were rescued.
Federal prosecutors allege that Hernandez was conducting a paid boat tour without the required maritime credentials. Investigators say the vessel was carrying 14 people despite having a maximum capacity of 10 and that there was no appropriately sized life jacket aboard for the infant.
According to the federal complaint, Hernandez made a U-turn while approaching the Statue of Liberty and encountered a swell, possibly generated by a larger vessel. He allegedly attempted to accelerate through it, but water came over the bow and the boat capsized. The official cause remains under investigation.
Hernandez was initially charged by New York authorities with 13 counts of reckless endangerment. Federal prosecutors subsequently charged him with two counts related to misconduct and neglect by a vessel operator resulting in death. He had been released on bond before ICE took him into immigration custody.
The Coast Guard and other authorities continue to investigate the circumstances surrounding the fatal trip, including allegations that Hernandez was operating an illegal charter service and failed to comply with passenger-safety requirements.
