Boat that capsized, killing mother and baby, was overcrowded and not authorized to provide tours in New York Harbor, court papers show

The boat that capsized near Liberty Island on Saturday, killing a woman and her 5-month-old daughter, was not authorized under federal regulations to provide tours to paying customers in New York Harbor, a criminal complaint filed Monday in federal court in Manhattan shows.

Mauro Desa, a special agent with the U.S. Coast Guard Investigative Service, said in the document the pilot of the vessel, Manuel Hernandez, 46, allowed too many passengers on the boat, which did not have a personal flotation device for an infant as required by regulations, according to court papers filed on Monday.

Hernandez did not have a merchant mariner credential or a valid certificate of insurance to provide tours, the papers said, and failed to review stability standards to determine the number of passengers permitted on the boat.

“The number of passengers onboard the vessel exceeded the absolute maximum capacity standards established by Yamaha, the manufacturer of the vessel,” Desa said.

Hernandez, of Manhattan, told investigators he did not know he was required to have an MMC or a COI, the papers said.

Hernandez was charged with two counts of misconduct and neglect of ship officer on Monday when he appeared before U.S. Magistrate Judge Valerie Figueredo. He was released on a $50,000 personal recognizance bond and ordered not to operate another boat or “other nautical vessel.”

The boat capsized after it was hit by a swell, possibly caused by the wake of a larger vessel, Desa said in his affidavit. If convicted, Hernandez faces up to 10 years in prison.

Hernandez, wearing a grey T-shirt, white swim trunks and black boat shoes, appeared to be crying at the hearing. The judge ordered him to stay away from other passengers on the swamped boat, and he's barred from speaking to anyone employed with the charter company.

Sara Sanchez, 27, and Antonella Garcia, of College Point, Queens, were identified as the mother and child killed after the boat capsized. The two were pulled from the waters of New York Harbor in critical condition and pronounced dead shortly after at NYU Langone Hospital-Brooklyn.

Sanchez’s College Point neighbor, Diego Naranjo, said she and Antonella lived with her husband, Andres Garcia, and their young son. The court papers said the father of the infant who died was also on board the boat when it capsized, but did not mention the couple’s son.

“They seem to be a really nice family,” Naranjo said. “Close, very respectful. Lovely people.”

According to Desa’s account, Hernandez worked for a tour operator that advertises itself online as a “luxury provider of limousine and rental yacht services.” Hernandez, who began with the company as a limo driver, piloted boat tours around New York Harbor at least twice before Saturday’s deadly voyage. 

Hernandez used his own boat for the previous tours but borrowed a friend’s smaller boat for Saturday’s outing because his vessel was undergoing repairs. He believed Saturday’s tour would include 12 passengers as he had in the past and ultimately agreed to take 13 — even though his friend’s boat was considerably smaller.

“Hernandez was unaware of the maximum capacity for the vessel,” Desa wrote.

The boat did not have an infant-sized personal flotation device, but Hernandez let Sanchez, Garcia and Antonella onboard, even though federal regulations require children under the age of 13 to wear a life preserver. Instead, Hernandez told Sanchez she had to wear a life vest and hold Antonella throughout the trip.

At about 10:20 p.m. on Saturday, Hernandez made a U-turn into a swell, possibly caused by the wake of a larger vessel. He accelerated the boat but the swell swamped the bow, immediately capsizing the boat, Desa wrote. All 14 people on board, including Hernandez, were swept overboard.

The NYPD's harbor unit, scuba team and aviation unit responded to a 911 call about an overturned boat about 10:30 p.m. on Saturday.

Twelve other people on the boat were pulled from the water with minor injuries and taken to hospitals, officials said.

Operators of commercial vessels are required to have at least 360 days of documented boating experience, pass a physical exam, drug test, background check and complete a first-aid/CPR course, Desa wrote.

“Hernandez never underwent any of the procedures mandated by federal regulations to ensure that operators of for-hire boating operations have the requisite experience and knowledge to safely engage in for-hire boating operations,” the papers said.