34 people were killed in a dive boat fire in California. The captain is now facing 10 years in prison
Originally Published: 02 MAY 24 12:42 ET
Updated: 02 MAY 24 13:06 ET
By Lauren Mascarenhas, CNN
(CNN) — A former dive boat captain could be sentenced to up to 10 years in prison Thursday on a negligence conviction known as “seaman’s manslaughter” after 34 people were killed in a fire that broke out on his boat in 2019.
Jerry Nehl Boylan was found guilty in 2023 of one federal felony count of misconduct or neglect of ship officer last year.
The fire erupted on the morning of Labor Day, when the boat was anchored near Santa Cruz Island, the largest of California’s Channel Islands, about 25 miles off the mainland.
Boylan was one of five crew members to make it off the 75-foot vessel, The Conception, and the first to abandon ship, according to prosecutors. Thirty-three passengers and one crew member below deck died of smoke inhalation, police said.
Robert Sumwalt, the chairman of the National Transportation Safety Board at the time, said it was the deadliest maritime accident in nearly 70 years.
Prosecutors said Boylan did not attempt to fight the fire or rescue passengers, failed to conduct sufficient fire drills or crew training and did not set a night watch.
“As the jury found, this tragedy could have been avoided had Mr. Boylan simply performed the duties he was entrusted to carry out,” US Attorney Martin Estrada said in a statement at the time. “We hope that today’s verdict brings some solace and closure to the victims’ loved ones.”
CNN contacted Boylan’s attorney for comment but has not heard back. In 2019, an attorney for the boat’s owner, Truth Aquatics, said that a crew member had checked the area where the fire was believed to have been concentrated before it ignited.
NTSB investigators said the fire may have been caused by cell phones and batteries left charging overnight, though the agency could not definitely determine a cause.
Boylan was initially charged with manslaughter, but the charge was dismissed in 2022.
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