4 Years After Dive Boat Tragedy, a Trial Begins

34 died on Sept. 2, 2019, after fire engulfed a scuba dive boat off Santa Barbara
By Newser Editors and Wire Services
Posted Oct 25, 2023 9:04 AM CDT
4 Years After Dive Boat Tragedy, a Trial Begins
In this photo provided by the Ventura County Fire Department, VCFD firefighters respond to a fire aboard the Conception dive boat fire in the Santa Barbara Channel off the coast of Southern California on Sept. 2, 2019.   (Ventura County Fire Department via AP, File)

By the time the scuba dive boat sank off the Southern California coast after catching fire, 34 people had been killed in the deadliest maritime disaster in recent US history. The Labor Day tragedy in 2019 spurred changes to maritime regulations, congressional reform, and civil lawsuits. Four years later, a federal trial for the Conception's captain, Jerry Boylan, got underway Tuesday with jury selection in federal court in Los Angeles, and as the AP puts it, "It's been a long, frustrating wait for the families of the dead." The 75-foot boat was anchored off the Channel Islands, 25 miles south of Santa Barbara, when it caught fire before dawn on the final day of a three-day excursion, sinking less than 100 feet from shore.

The NTSB blamed Boylan for the tragedy, saying his failure to post a roving night watchman allowed the fire to quickly spread undetected, trapping the 33 passengers and one crew member below. US District Judge George Wu on Oct. 12 granted Boylan's request to bar most if not all references to "victims"—which the captain's attorneys say is a prejudicial term that jeopardizes his right to a fair trial. It was the latest setback for the prosecution. The AP details others: A grand jury in 2020 initially indicted Boylan on 34 counts of a pre-Civil War statute colloquially known as "seaman's manslaughter" that was designed to hold steamboat captains and crew responsible for maritime disasters. Each count carries up to 10 years in prison in a conviction, for a total of 340 years.

Defense lawyers sought to dismiss those charges, arguing the deaths were the result of a single incident and not separate crimes. Prosecutors got a superseding indictment charging Boylan with only one count. Then in 2022, Wu ruled the superseding indictment failed to specify that Boylan acted with gross negligence, calling that a required element to prove the crime of seaman's manslaughter. He dismissed that indictment, forcing prosecutors to go before a grand jury again. Boylan is now charged with one count of misconduct or neglect of ship officer. The single count means he faces only 10 years behind bars if convicted. He has pleaded not guilty and denied any wrongdoing.

story continues below

Some of the dead were wearing shoes, prompting investigators to believe they were awake and trying to escape. Both exits from the below-deck bunkroom were blocked by flames. Coroner's reports list smoke inhalation as the cause of death. What exactly started the fire remains unknown. Early official scrutiny appeared to focus on a spot where divers plugged in phones and other electronics. But a Los Angeles Times story, citing a confidential report by the Bureau of Alcohol, Tobacco, Firearms and Explosives, said the blaze began in a plastic trash can on the main deck. (An official cause remains undetermined.)

Get the news faster.
Tap to install our app.
X
Install the Newser News app
in two easy steps:
1. Tap in your navigation bar.
2. Tap to Add to Home Screen.

X