A federal grand jury has indicted the captain of a dive boat that caught fire and sank off the coast of California last September. The 67-year-old captain, Jerry Nehl Boylan, was indicted on 34 counts of negligent seaman’s manslaughter.

The incident took place during the early hours of September 2nd, 2019 when 33 passengers and one crew member died. There were 39 individuals on board the 75-foot dive boat named Conception. The dive boat was docked outside of Santa Cruz Island as passengers and crew members embarked on a three-day diving trip.

The passengers aboard the Conception were asleep at the bottom of the vessel, while the five crew members were asleep on the top. At some point during the early morning hours, a crew member woke up to a fire breaking out on the main deck. According to the crew members, the fire broke out quickly, and as the crew tried to warn the passengers below, they were quickly overwhelmed by the growing flames and were blocked from accessing the lower part of the vessel.

Investigators go on to explain that the fast-moving fire eventually caused the boat to sink. Investigators have not yet shared an official cause of the fire. However, there is speculation it may have started because of an electrical issue. In the area where the fire broke out, smartphones and other electronic devices containing lithium-ion batteries were charging throughout the night. The tragedy has been recorded as one of the deadliest maritime events in recent U.S. history.

Boylan’s Negligence Is the Cause of Death, Prosecution Says

The indictment alleges that the captain's negligence was the reason the 33 passengers and a single crew member died aboard the dive boat. Prosecutors in the case shared a statement saying that Boylan “was responsible for the safety and security of the vessel, its crew, and its passengers."

Additionally, the indictment points to negligence on the part of the captain regarding his passengers and his duties. Prosecutors allege that the deaths could have been avoided had Boylan provided a night watch patrol to keep watch over the boat, passengers, and crew members as they slept. Prosecutors also say Boylan failed to conduct proper fire drills and sufficient crew training. All three allegations of misconduct fall under the Code of Federal Regulations, which the indictment states Boylan did not adhere to.

The United States Attorney Nick Hanna who's part of the prosecution team said in the following statement, “As a result of the alleged failures of Captain Boylan to follow well-established safety rules, a pleasant holiday dive trip turned into a hellish nightmare as passengers and one crew member found themselves trapped in a fiery bunk room with no means of escape. The loss of life that day will forever impact the families of the 34 victims. With this indictment and our commitment to vigorously prosecute the case, we seek a small measure of justice for the victims and their loved ones."

Boylan Faces Charges of Seaman's Manslaughter

Boylan is facing 34 counts of seaman’s manslaughter. Seaman's manslaughter is defined by Title 18 of the United States Code as any criminal negligence or misconduct on a boat or ship that ends in death. The act must take place on waters of U.S. jurisdiction, and the statute typically focuses on captains of a ship or boat, any individual such as a crew member, inspector, or charterer who has a responsibility toward the boat operation, and any corporate management.

Unlike the more common charge of manslaughter, seaman's manslaughter does not take into consideration the mental state of an individual who commits a crime. Rather, seaman's manslaughter focuses on negligence alone.

Each count of seaman’s manslaughter that Boylan faces comes with a maximum 10-year sentence in federal prison.

Response from Federal Agencies

An investigation into the fire that broke out on the Conception is underway by several government agencies, including the FBI, the Coast Guard Investigative Service, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).

One month after the incident, the National Transportation Safety Board (NTSB) shifted some of the blame to the Coast Guard for not enforcing the requirement of having night watchmen on duty. The NTSB recommended that the Coast Guard put in place a program that would enforce the Code of Federal Regulations that requires having night watchmen on duty when there are passengers on board.

Victims' Families File Separate Lawsuits

In addition to the federal indictments, Boylan is facing several wrongful death lawsuits that have been filed by the families of those who died in the fire. The lawsuits also target owners of Truth Aquatics, Boylan's dive company.