Unlicensed Tour Operator Charged For Causing Deaths Of Five-Month-Old Infant And 27-Year-Old Woman In New York Harbor Boat Capsizing

United States Attorney for the Southern District of New York, Jamie McDonald, Assistant Director in Charge of the Coast Guard Investigative Service ("CGIS"), Josh Packer, and Commissioner of the New York City Police Department ("NYPD"), Jessica S. Tisch, announced today that MANUEL HERNANDEZ has been charged with negligently causing the death of a five-month-old infant and a 27-year-old woman, after the vessel HERNANDEZ was piloting capsized in New York Harbor. HERNANDEZ was presented today before U.S. Magistrate Judge Valerie Figueredo.

"Federal regulations and maritime safety protocols exist to protect the lives and wellbeing of passengers on commercial vessels," said U.S. Attorney Jamie McDonald. "The defendant allegedly flouted those regulations when he transported paying customers on a commercial vessel without appropriate licenses, overcrowded the vessel, and took on a five-month-old infant passenger, with no infant life vests onboard. We mourn the tragic drowning deaths of the infant and her mother and urge would-be tour operators and the public to observe all safety protocols for commercial vessels."

"Illegal charter operations gamble with human life, and in this case, the alleged conduct led to an unthinkable tragedy," said Coast Guard Investigative Service Assistant Director Josh Packer. "As the Coast Guard's criminal investigative agency, CGIS brings unmatched maritime subject-matter expertise coupled with federal law enforcement authority. Working with our federal, state, and local partners, we will continue to investigate those who ignore passenger vessel safety laws and put the public in danger."

"As alleged in the complaint, Manuel Hernandez showed a complete disregard for the safety of his passengers when he piloted an over-capacity boat without a license that capsized in the New York Harbor," said NYPD Commissioner Jessica S. Tisch. "This tragedy could have been prevented, and now a family is left to grieve the unimaginable loss of a mother and her five-month-old daughter because of his negligence. I am grateful to our NYPD Harbor and Aviation Units for their swift response and to the U.S. Attorney's Office for the Southern District of New York for ensuring this defendant is held accountable."

According to the allegations contained in the Complaint:(1)

On or about August 8, 2026, HERNANDEZ was piloting a Yamaha AR210 (the "Vessel") when it capsized in New York Harbor, resulting in the deaths of a five-month-old infant ("Victim-1") and a 27-year-old woman ("Victim-2"). At the time of the capsizing, HERNANDEZ was the pilot and operator of the Vessel and conducting a tour for paying customers that had been arranged through a tour operations company.

HERNANDEZ's negligent actions and omissions caused the capsizing and deaths of Victim-1 and Victim-2. At the time of the capsizing, among other things: (i) HERNANDEZ operated the Vessel with 14 people onboard, exceeding the Vessel's maximum allowable capacity of 10 people; (ii) HERNANDEZ knowingly operated the Vessel with an infant onboard, knowing that the infant was not wearing a personal flotation device ("PFD") and that the Vessel was not equipped with any child- or infant-sized PFDs; (iii) HERNANDEZ had not obtained a Merchant Mariner Credential, a required USCG certification to operate the Vessel with paying customers onboard; (iv) HERNANDEZ operated the Vessel without a valid USCG Certificate of Inspection, which is required for a vessel to operate with paying customers onboard, and, in fact, the Vessel was of a type and size that made it ineligible to receive a COI for the type of operation conducted by HERNANDEZ.

All 14 people onboard the Vessel were thrown overboard during the capsizing. Shortly after the capsizing, other boats, including commercial vessels and vessels operated by the NYPD, the USCG, and the New York City Fire Department, responded to the scene to render emergency assistance. 11 passengers and HERNANDEZ were recovered in varying medical conditions and survived the capsizing. The bodies of Victim-1 and Victim-2 were recovered in the water by members of the NYPD and USCG. Both Victim-1 and Victim-2 were unresponsive, received CPR from emergency responders, and were immediately transported to a hospital in Brooklyn. Upon arrival at the hospital, both Victim-1 and Victim-2 were pronounced deceased by medical personnel. A photo of the capsized Vessel being recovered from the water is below:

Please report any illegal passenger charters to the USCG at https://www.p3tips.com/878Links to other government and non-government sites will typically appear with the "external link" icon to indicate that you are leaving the Department of Justice website when you click the link..

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HERNANDEZ, 46, of Manville, New Jersey, is charged with two counts of misconduct and neglect of a ship officer resulting in death, each of which carries a maximum sentence of 10 years in prison.

The maximum potential sentences in this case are prescribed by Congress and provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

Mr. McDonald praised the outstanding work of the CGIS and the NYPD.

This case is being handled by the Office's General Crimes Unit. Special Assistant U.S. Attorney Andrew Stahl is in charge of the prosecution.

The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

1. ^

   As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth herein constitute only allegations, and every fact described therein should be treated as an allegation.