A scuba dive boat off the Southern California coast went down in flames, resulting in the tragic loss of 34 lives, marking it as the deadliest maritime disaster in recent U.S. history. This Labor Day catastrophe in 2019 prompted changes in maritime rules, congressional reforms, and civil lawsuits.
Now, four years later, the federal trial for the boat's captain, Jerry Boylan, is commencing with jury selection in Los Angeles, leaving the families of the victims in a long and frustrating wait.
The families, deeply affected by this ordeal, were hurt further when a judge ruled that their loved ones could not be referred to as "victims" during the trial. It's been an ongoing nightmare for those like Kathleen McIlvain, whose 44-year-old son, Charles, was one of the unfortunate casualties.
The boat, a 75-foot vessel known as the Conception, was anchored near the Channel Islands, about 25 miles south of Santa Barbara. Tragically, it caught fire just before dawn on September 2, 2019, on the last day of a three-day excursion, sinking less than 100 feet from the shore.
The National Transportation Safety Board placed the blame on Captain Boylan, stating that his failure to assign a night watchman allowed the fire to spread rapidly, trapping 33 passengers and one crew member below.
Among those aboard were a new deckhand with her dream job, an environmental scientist who conducted research in Antarctica, a well-traveled couple, a Singaporean data scientist, three sisters, their father, and his wife.
Despite these grim details, Captain Boylan's trial is fraught with challenges. Initially, he faced 34 counts of "seaman's manslaughter," a pre-Civil War statute meant for holding captains and crew responsible for maritime disasters. However, those charges were reduced, and the judge ruled that the indictment lacked a specification of gross negligence.
This led to the charges being dismissed, forcing prosecutors to present the case to a grand jury once more. Now, Boylan faces a single count of misconduct or neglect of a ship officer, which carries a maximum sentence of 10 years in prison.
Boylan maintains his innocence, and the families of the victims are left searching for answers. The cause of the fire remains unknown, with initial inquiries focusing on a spot where divers charged their electronic devices.
Yet, a confidential report from the Bureau of Alcohol, Tobacco, Firearms, and Explosives suggested the fire started in a plastic trash can on the main deck. The official cause remains undetermined.
Boylan and some of the crew attempted to rescue the passengers but were compelled to jump overboard to save themselves. The tragedy has prompted the formation of "Advocacy34," a group of family members advocating for stronger boating regulations while they continue to mourn and search for closure.
At the time of the fire, no one had been cited or fined for failing to post a roving patrol since 1991, as per Coast Guard records. The Coast Guard was criticized for not enforcing this requirement, leading to new regulations for fire detection systems, extinguishers, escape routes, and safety measures. However, the implementation of a comprehensive safety management system remains pending.
In response to the families' demands, lawmakers updated the Limitation of Liability Act of 1851, allowing owners to be held liable for damages regardless of the boat's post-accident value. Unfortunately, this change is not retroactive and will not apply to the Conception case.
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