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Captain Federally Charged After Boat Overturned With 14 Aboard Near Statue of Liberty, Killing Woman and Infant Daughter

Statue of Liberty, Liberty Island, Manhattan

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Summary

  • An unlicensed tour operator has been charged with federal crimes for allegedly causing the deaths of a young mother and her 5-month-old daughter when the overcrowded boat he was piloting capsized in New York Harbor near the Statue of Liberty, federal prosecutors said Monday.
  • Manuel Hernandez, 46, of New Jersey, was charged with two counts of misconduct and neglect of a ship officer resulting in death—each carrying up to 10 years in prison—after the vessel he was operating as a paid tour capsized Saturday night, according to the U.S. Attorney's Office for the Southern District of New York.
  • Police responded at approximately 10:25 p.m. to a 911 call reporting a vessel in distress near Liberty Island. NYPD Harbor and Aviation units were dispatched alongside the U.S. Coast Guard and the FDNY after the boat overturned and the 14 people aboard went into the water.
  • Two Coast Guard boats from Station New York, four FDNY boats, two NYPD boats, an NYPD helicopter, and a Good Samaritan vessel took part in the recovery, the Coast Guard said.
  • While everyone aboard was ultimately brought out of the water, two passengers—a 27-year-old woman and her 5-month-old daughter—were recovered unresponsive, given CPR, and pronounced dead at a Brooklyn hospital, prosecutors said. The surviving passengers are reported to be in stable condition.
  • The NYPD identified the woman as 27-year-old Sara Sanchez of Queens. Hernandez, who was piloting the boat, was initially arrested by the NYPD and charged with 13 counts of reckless endangerment.
  • Prosecutors allege Hernandez's negligence caused the capsizing. According to the complaint, he was operating the boat—a Yamaha AR210 with a maximum capacity of 10—with 14 people aboard, and knowingly carried the infant despite there being no infant life vest on the vessel. He also allegedly lacked a Merchant Mariner Credential and a valid Certificate of Inspection, both required to carry paying passengers.
  • The federal complaint notes the charges are accusations only, and that Hernandez is presumed innocent unless and until proven guilty.
  • The Coast Guard, working with the Coast Guard Investigative Service and the NYPD, has opened an active marine casualty investigation into the cause of the capsizing. The investigation remains ongoing.

Timeline

The husband and father of the victim, who was also on the boat, survived the incident.

The charges are accusations only, and Hernandez is presumed innocent unless proven guilty. The case is being prosecuted by the Southern District of New York.

All 14 aboard were thrown into the water when the boat capsized; 11 passengers and Hernandez were recovered and survived, while the infant and the woman were pulled from the water unresponsive, given CPR, and pronounced dead at a Brooklyn hospital, according to prosecutors.

The complaint alleges the boat, a Yamaha AR210, was carrying 14 people, exceeding its maximum capacity of 10, and that Hernandez knowingly had a 5-month-old aboard with no infant life vest and no child- or infant-sized flotation devices on the vessel.

Prosecutors allege Hernandez was running a paid tour without a Merchant Mariner Credential or a valid Certificate of Inspection—both required to carry paying passengers—and that the vessel was of a size and type ineligible to receive that certificate for the kind of operation he was conducting, per the complaint.

Manuel Hernandez, 46, was federally charged Monday with two counts of misconduct and neglect of a ship officer resulting in death, each carrying up to 10 years in prison, and was presented before a U.S. magistrate judge, according to the U.S. Attorney's Office for the Southern District of New York.

The Coast Guard, with CGIS and the NYPD, is investigating whether the boat was operating as an illegal charter.

The vessel's operator, Manuel Hernandez, 46, was arrested and charged with 13 counts of reckless endangerment.

Two additional victims—Sara Sanchez, 27, and her 5-month-old daughter, both of Queens—were pronounced dead at a hospital after being brought ashore.

Police initially responded to the call around 10:25 p.m. near Liberty Island; they said that 12 people were initially rescued from the water, with the FDNY and Coast Guard responding.

A boat carrying more than a dozen people capsized in New York Harbor near the Statue of Liberty on Saturday night, killing a woman and her infant daughter.

Firefighters state the patient count remains at 15, with 9 stable and 2 in serious condition.

FDNY EMS CW1 · 0:30
Medical Branch 2676, citywide. Medical Branch 2676, proceed. 2676, it's an update progress report for you. Patient count remains at 15. The breakdown is going to be 9 green tag civilians. Two of the green tags from the original 11 became orange tags. So we have 9 green tag civilians, 2 orange tag civilians, civilian, 2 green tag.

First responders report a total of approximately 15 people involved in the incident, with 11 initially on the boat.

FDNY EMS CW1 · 0:30
Citywide to Kinesis 32.Boards to Defense 3676, call on Kinesis 32. Yeah, 10-4, boys. Who did you want to go to Lutheran? I just got a landline from Kinesis 31. Did you want him to go there, or did you want 32 to go there? Brooklyn 2676, we're going to be having approximately 15 people total for this incident. We have 11 on the boat. 10-4.

A diver may be injured, and two civilians in cardiac arrest are being taken to a hospital.

FDNY EMS CW1 · 0:18
We also have a report of one diver, potentially injured as well, so I'll give you a progress report. But right now we have hands on two red tags, civilians, both cardiac arrest, going to hospital, 51. That was report 2676, Brooklyn. 10-4, time now 2304, dispatcher 738, duration 31 minutes.

Firefighters report 11 victims are being transported to Brooklyn for medical evaluation. Two are in critical condition.

FDNY EMS CW1 · 0:31
Medical Branch 2673, I might have got that wrong. Brooklyn, show you what? Medical Branch 2676, Proceed. Close. 2676 Brooklyn. Progress report's going to be all 11 victims on board are being brought now to this side of Brooklyn for evaluation. Code phase count is going to be two currently red tags being evaluated. I need a conditions boss, head over to hospital 51 for track purposes as an HTO for the victims being tried. Transport over to.

Responders report a vessel overturned near the Statue of Liberty with 11 people on board. Emergency responders are treating two cardiac arrest cases, and first responders have secured the boat and the victims.

FDNY EMS CW1 · 0:31
512 to citywide. 512, proceed. Move this job over from Brooklyn over to citywide, please, as the 59 other MCI at the time. The report for you is going to be, we had a vessel overturned by the Statue of Liberty with 11 occupants on board. Coast Guard and NYPD secured the boat and the victims. They removed all the non-patients. They currently have one pediatric cardiac arrest being treated by a unit here at and one adult being... and cardiac arrest...

The address reported for this incident has changed to Statue of Liberty.

Search efforts are expanding to include both Manhattan and Brooklyn locations.

FDNY EMS CW1 · 0:23
10-4, we're trying to see if they're going to do a search on this side. Alright, 10-4, you're standing by the Manhattan location. 10-4. Hashtag 2, show me going to the Brooklyn location. Hashtag 2, 10-4.

Reports indicate two people remain unaccounted for in the water, with others being transported for medical care.

FDNY EMS CW1 · 0:11
one citywide, they said there's a potential 11 patients being transported to Harbor Charlie in the borough of Brooklyn. They said there's two people in the water unaccounted for.

The second missing person has been rescued and is being taken to the South Street Ferry Terminal for medical assistance.

Manhattan FDNY · 0:26
Battalion calling the Marine Battalion. Marine Battalion. Alright, Marine Battalion, as per EMS hashtag 1, they have rescue medics responding to the South Street Ferry Terminal, K. South Street Ferry Terminal, 10-4, your second victim is removed from the water. 10-4, Marine Battalion.

One missing person has been rescued from the water and is being taken to shore for medical assistance.

Manhattan FDNY · 0:30
In the side. Marine Battalion behind. Marine Battalion. Ox 8 420, NYPD's removed one of the missing victims from the water and is en route back to Harbor Charlie, if you can have EMS respond there. Alright, 10-4, Marine Battalion, we'll reach out to you and let's go. Battalion 10-4, search is one. 10-4, Marine Battalion. Alright, 10-4.

Marine units are heading to the area near Governor's Island to assist in the search.

Staten Island FDNY · 0:30
Marine 8 to Staten Island. Marine 8. Can you put us on Manhattan's box for a vessel with people missing in the water in the area of Governor's Island? We're in that area. We're going to make our way over. You have to switch over to Manhattan to be put on the box, K? Marine 8, 10-4, switching over. Time is 2236 hours. Dispatcher 221. Dispatcher 221.

The Coast Guard is enquiring whether a woman and a child are still missing in the water.

Manhattan FDNY · 0:30
South to Marine Battalion. South to Marine Battalion, K. Marine Battalion. Alright, Marine Battalion, the Coast Guard is confirming, you still have a woman and a child missing in the water, K. 10-4, we're, uh, now. 10-4. Marine 9.

Marine units are responding to a report of a person in the water near Liberty Island.

Manhattan FDNY · 0:31
Matthew, Marine Battalion. Battalion. Alright, Marine Battalion, yourself and Marine 6 are being redirected to box 8420 on Liberty Island for a person in the water, K. 10-4, responding on Liberty Island. Matthew, Marine 6. Matthew, Marine 6, K. 10-4.

Police have received a report of two people in the water.

NYPD Citywide 2 · 0:31
72, unconfirmed, 54 water rescue. 140 58th Street, 1st to 2nd Avenue, for two people in the water. States close by, Governors Island, unconfirmed. Confines of the 1st precinct, unconfirmed, 54 water rescue by the Statue of Liberty, Liberty Island Shoreline. States a boat turn, about 14 people in the water. Unconfirmed, no further information. 10th precinct, unconfirmed, 30 of a resident, 1438 Avenue, West 17th and West 18th Street. 10th precinct, unconfirmed, 30 of a resident, 1438 Avenue, West 17th and West 18th Street.

A 911 caller has reported an unconfirmed incident at 140 58th St.

The husband and father of the victim, who was also on the boat, survived the incident.

The charges are accusations only, and Hernandez is presumed innocent unless proven guilty. The case is being prosecuted by the Southern District of New York.

All 14 aboard were thrown into the water when the boat capsized; 11 passengers and Hernandez were recovered and survived, while the infant and the woman were pulled from the water unresponsive, given CPR, and pronounced dead at a Brooklyn hospital, according to prosecutors.

The complaint alleges the boat, a Yamaha AR210, was carrying 14 people, exceeding its maximum capacity of 10, and that Hernandez knowingly had a 5-month-old aboard with no infant life vest and no child- or infant-sized flotation devices on the vessel.

Prosecutors allege Hernandez was running a paid tour without a Merchant Mariner Credential or a valid Certificate of Inspection—both required to carry paying passengers—and that the vessel was of a size and type ineligible to receive that certificate for the kind of operation he was conducting, per the complaint.

Manuel Hernandez, 46, was federally charged Monday with two counts of misconduct and neglect of a ship officer resulting in death, each carrying up to 10 years in prison, and was presented before a U.S. magistrate judge, according to the U.S. Attorney's Office for the Southern District of New York.

The Coast Guard, with CGIS and the NYPD, is investigating whether the boat was operating as an illegal charter.

The vessel's operator, Manuel Hernandez, 46, was arrested and charged with 13 counts of reckless endangerment.

Two additional victims—Sara Sanchez, 27, and her 5-month-old daughter, both of Queens—were pronounced dead at a hospital after being brought ashore.

Police initially responded to the call around 10:25 p.m. near Liberty Island; they said that 12 people were initially rescued from the water, with the FDNY and Coast Guard responding.

A boat carrying more than a dozen people capsized in New York Harbor near the Statue of Liberty on Saturday night, killing a woman and her infant daughter.

Firefighters state the patient count remains at 15, with 9 stable and 2 in serious condition.

FDNY EMS CW1 · 0:30
Medical Branch 2676, citywide. Medical Branch 2676, proceed. 2676, it's an update progress report for you. Patient count remains at 15. The breakdown is going to be 9 green tag civilians. Two of the green tags from the original 11 became orange tags. So we have 9 green tag civilians, 2 orange tag civilians, civilian, 2 green tag.

First responders report a total of approximately 15 people involved in the incident, with 11 initially on the boat.

FDNY EMS CW1 · 0:30
Citywide to Kinesis 32.Boards to Defense 3676, call on Kinesis 32. Yeah, 10-4, boys. Who did you want to go to Lutheran? I just got a landline from Kinesis 31. Did you want him to go there, or did you want 32 to go there? Brooklyn 2676, we're going to be having approximately 15 people total for this incident. We have 11 on the boat. 10-4.

A diver may be injured, and two civilians in cardiac arrest are being taken to a hospital.

FDNY EMS CW1 · 0:18
We also have a report of one diver, potentially injured as well, so I'll give you a progress report. But right now we have hands on two red tags, civilians, both cardiac arrest, going to hospital, 51. That was report 2676, Brooklyn. 10-4, time now 2304, dispatcher 738, duration 31 minutes.

Firefighters report 11 victims are being transported to Brooklyn for medical evaluation. Two are in critical condition.

FDNY EMS CW1 · 0:31
Medical Branch 2673, I might have got that wrong. Brooklyn, show you what? Medical Branch 2676, Proceed. Close. 2676 Brooklyn. Progress report's going to be all 11 victims on board are being brought now to this side of Brooklyn for evaluation. Code phase count is going to be two currently red tags being evaluated. I need a conditions boss, head over to hospital 51 for track purposes as an HTO for the victims being tried. Transport over to.

Responders report a vessel overturned near the Statue of Liberty with 11 people on board. Emergency responders are treating two cardiac arrest cases, and first responders have secured the boat and the victims.

FDNY EMS CW1 · 0:31
512 to citywide. 512, proceed. Move this job over from Brooklyn over to citywide, please, as the 59 other MCI at the time. The report for you is going to be, we had a vessel overturned by the Statue of Liberty with 11 occupants on board. Coast Guard and NYPD secured the boat and the victims. They removed all the non-patients. They currently have one pediatric cardiac arrest being treated by a unit here at and one adult being... and cardiac arrest...

The address reported for this incident has changed to Statue of Liberty.

Search efforts are expanding to include both Manhattan and Brooklyn locations.

FDNY EMS CW1 · 0:23
10-4, we're trying to see if they're going to do a search on this side. Alright, 10-4, you're standing by the Manhattan location. 10-4. Hashtag 2, show me going to the Brooklyn location. Hashtag 2, 10-4.

Reports indicate two people remain unaccounted for in the water, with others being transported for medical care.

FDNY EMS CW1 · 0:11
one citywide, they said there's a potential 11 patients being transported to Harbor Charlie in the borough of Brooklyn. They said there's two people in the water unaccounted for.

The second missing person has been rescued and is being taken to the South Street Ferry Terminal for medical assistance.

Manhattan FDNY · 0:26
Battalion calling the Marine Battalion. Marine Battalion. Alright, Marine Battalion, as per EMS hashtag 1, they have rescue medics responding to the South Street Ferry Terminal, K. South Street Ferry Terminal, 10-4, your second victim is removed from the water. 10-4, Marine Battalion.

One missing person has been rescued from the water and is being taken to shore for medical assistance.

Manhattan FDNY · 0:30
In the side. Marine Battalion behind. Marine Battalion. Ox 8 420, NYPD's removed one of the missing victims from the water and is en route back to Harbor Charlie, if you can have EMS respond there. Alright, 10-4, Marine Battalion, we'll reach out to you and let's go. Battalion 10-4, search is one. 10-4, Marine Battalion. Alright, 10-4.

Marine units are heading to the area near Governor's Island to assist in the search.

Staten Island FDNY · 0:30
Marine 8 to Staten Island. Marine 8. Can you put us on Manhattan's box for a vessel with people missing in the water in the area of Governor's Island? We're in that area. We're going to make our way over. You have to switch over to Manhattan to be put on the box, K? Marine 8, 10-4, switching over. Time is 2236 hours. Dispatcher 221. Dispatcher 221.

The Coast Guard is enquiring whether a woman and a child are still missing in the water.

Manhattan FDNY · 0:30
South to Marine Battalion. South to Marine Battalion, K. Marine Battalion. Alright, Marine Battalion, the Coast Guard is confirming, you still have a woman and a child missing in the water, K. 10-4, we're, uh, now. 10-4. Marine 9.

Marine units are responding to a report of a person in the water near Liberty Island.

Manhattan FDNY · 0:31
Matthew, Marine Battalion. Battalion. Alright, Marine Battalion, yourself and Marine 6 are being redirected to box 8420 on Liberty Island for a person in the water, K. 10-4, responding on Liberty Island. Matthew, Marine 6. Matthew, Marine 6, K. 10-4.

Police have received a report of two people in the water.

NYPD Citywide 2 · 0:31
72, unconfirmed, 54 water rescue. 140 58th Street, 1st to 2nd Avenue, for two people in the water. States close by, Governors Island, unconfirmed. Confines of the 1st precinct, unconfirmed, 54 water rescue by the Statue of Liberty, Liberty Island Shoreline. States a boat turn, about 14 people in the water. Unconfirmed, no further information. 10th precinct, unconfirmed, 30 of a resident, 1438 Avenue, West 17th and West 18th Street. 10th precinct, unconfirmed, 30 of a resident, 1438 Avenue, West 17th and West 18th Street.

A 911 caller has reported an unconfirmed incident at 140 58th St.

The husband and father of the victim, who was also on the boat, survived the incident.

The charges are accusations only, and Hernandez is presumed innocent unless proven guilty. The case is being prosecuted by the Southern District of New York.

All 14 aboard were thrown into the water when the boat capsized; 11 passengers and Hernandez were recovered and survived, while the infant and the woman were pulled from the water unresponsive, given CPR, and pronounced dead at a Brooklyn hospital, according to prosecutors.

The complaint alleges the boat, a Yamaha AR210, was carrying 14 people, exceeding its maximum capacity of 10, and that Hernandez knowingly had a 5-month-old aboard with no infant life vest and no child- or infant-sized flotation devices on the vessel.

Prosecutors allege Hernandez was running a paid tour without a Merchant Mariner Credential or a valid Certificate of Inspection—both required to carry paying passengers—and that the vessel was of a size and type ineligible to receive that certificate for the kind of operation he was conducting, per the complaint.

Manuel Hernandez, 46, was federally charged Monday with two counts of misconduct and neglect of a ship officer resulting in death, each carrying up to 10 years in prison, and was presented before a U.S. magistrate judge, according to the U.S. Attorney's Office for the Southern District of New York.

The Coast Guard, with CGIS and the NYPD, is investigating whether the boat was operating as an illegal charter.

The vessel's operator, Manuel Hernandez, 46, was arrested and charged with 13 counts of reckless endangerment.

Two additional victims—Sara Sanchez, 27, and her 5-month-old daughter, both of Queens—were pronounced dead at a hospital after being brought ashore.

Police initially responded to the call around 10:25 p.m. near Liberty Island; they said that 12 people were initially rescued from the water, with the FDNY and Coast Guard responding.

A boat carrying more than a dozen people capsized in New York Harbor near the Statue of Liberty on Saturday night, killing a woman and her infant daughter.

Firefighters state the patient count remains at 15, with 9 stable and 2 in serious condition.

FDNY EMS CW1 · 0:30
Medical Branch 2676, citywide. Medical Branch 2676, proceed. 2676, it's an update progress report for you. Patient count remains at 15. The breakdown is going to be 9 green tag civilians. Two of the green tags from the original 11 became orange tags. So we have 9 green tag civilians, 2 orange tag civilians, civilian, 2 green tag.

First responders report a total of approximately 15 people involved in the incident, with 11 initially on the boat.

FDNY EMS CW1 · 0:30
Citywide to Kinesis 32.Boards to Defense 3676, call on Kinesis 32. Yeah, 10-4, boys. Who did you want to go to Lutheran? I just got a landline from Kinesis 31. Did you want him to go there, or did you want 32 to go there? Brooklyn 2676, we're going to be having approximately 15 people total for this incident. We have 11 on the boat. 10-4.

A diver may be injured, and two civilians in cardiac arrest are being taken to a hospital.

FDNY EMS CW1 · 0:18
We also have a report of one diver, potentially injured as well, so I'll give you a progress report. But right now we have hands on two red tags, civilians, both cardiac arrest, going to hospital, 51. That was report 2676, Brooklyn. 10-4, time now 2304, dispatcher 738, duration 31 minutes.

Firefighters report 11 victims are being transported to Brooklyn for medical evaluation. Two are in critical condition.

FDNY EMS CW1 · 0:31
Medical Branch 2673, I might have got that wrong. Brooklyn, show you what? Medical Branch 2676, Proceed. Close. 2676 Brooklyn. Progress report's going to be all 11 victims on board are being brought now to this side of Brooklyn for evaluation. Code phase count is going to be two currently red tags being evaluated. I need a conditions boss, head over to hospital 51 for track purposes as an HTO for the victims being tried. Transport over to.

Responders report a vessel overturned near the Statue of Liberty with 11 people on board. Emergency responders are treating two cardiac arrest cases, and first responders have secured the boat and the victims.

FDNY EMS CW1 · 0:31
512 to citywide. 512, proceed. Move this job over from Brooklyn over to citywide, please, as the 59 other MCI at the time. The report for you is going to be, we had a vessel overturned by the Statue of Liberty with 11 occupants on board. Coast Guard and NYPD secured the boat and the victims. They removed all the non-patients. They currently have one pediatric cardiac arrest being treated by a unit here at and one adult being... and cardiac arrest...

The address reported for this incident has changed to Statue of Liberty.

Search efforts are expanding to include both Manhattan and Brooklyn locations.

FDNY EMS CW1 · 0:23
10-4, we're trying to see if they're going to do a search on this side. Alright, 10-4, you're standing by the Manhattan location. 10-4. Hashtag 2, show me going to the Brooklyn location. Hashtag 2, 10-4.

Reports indicate two people remain unaccounted for in the water, with others being transported for medical care.

FDNY EMS CW1 · 0:11
one citywide, they said there's a potential 11 patients being transported to Harbor Charlie in the borough of Brooklyn. They said there's two people in the water unaccounted for.

The second missing person has been rescued and is being taken to the South Street Ferry Terminal for medical assistance.

Manhattan FDNY · 0:26
Battalion calling the Marine Battalion. Marine Battalion. Alright, Marine Battalion, as per EMS hashtag 1, they have rescue medics responding to the South Street Ferry Terminal, K. South Street Ferry Terminal, 10-4, your second victim is removed from the water. 10-4, Marine Battalion.

One missing person has been rescued from the water and is being taken to shore for medical assistance.

Manhattan FDNY · 0:30
In the side. Marine Battalion behind. Marine Battalion. Ox 8 420, NYPD's removed one of the missing victims from the water and is en route back to Harbor Charlie, if you can have EMS respond there. Alright, 10-4, Marine Battalion, we'll reach out to you and let's go. Battalion 10-4, search is one. 10-4, Marine Battalion. Alright, 10-4.

Marine units are heading to the area near Governor's Island to assist in the search.

Staten Island FDNY · 0:30
Marine 8 to Staten Island. Marine 8. Can you put us on Manhattan's box for a vessel with people missing in the water in the area of Governor's Island? We're in that area. We're going to make our way over. You have to switch over to Manhattan to be put on the box, K? Marine 8, 10-4, switching over. Time is 2236 hours. Dispatcher 221. Dispatcher 221.

The Coast Guard is enquiring whether a woman and a child are still missing in the water.

Manhattan FDNY · 0:30
South to Marine Battalion. South to Marine Battalion, K. Marine Battalion. Alright, Marine Battalion, the Coast Guard is confirming, you still have a woman and a child missing in the water, K. 10-4, we're, uh, now. 10-4. Marine 9.

Marine units are responding to a report of a person in the water near Liberty Island.

Manhattan FDNY · 0:31
Matthew, Marine Battalion. Battalion. Alright, Marine Battalion, yourself and Marine 6 are being redirected to box 8420 on Liberty Island for a person in the water, K. 10-4, responding on Liberty Island. Matthew, Marine 6. Matthew, Marine 6, K. 10-4.

Police have received a report of two people in the water.

NYPD Citywide 2 · 0:31
72, unconfirmed, 54 water rescue. 140 58th Street, 1st to 2nd Avenue, for two people in the water. States close by, Governors Island, unconfirmed. Confines of the 1st precinct, unconfirmed, 54 water rescue by the Statue of Liberty, Liberty Island Shoreline. States a boat turn, about 14 people in the water. Unconfirmed, no further information. 10th precinct, unconfirmed, 30 of a resident, 1438 Avenue, West 17th and West 18th Street. 10th precinct, unconfirmed, 30 of a resident, 1438 Avenue, West 17th and West 18th Street.

A 911 caller has reported an unconfirmed incident at 140 58th St.

The husband and father of the victim, who was also on the boat, survived the incident.

The charges are accusations only, and Hernandez is presumed innocent unless proven guilty. The case is being prosecuted by the Southern District of New York.

All 14 aboard were thrown into the water when the boat capsized; 11 passengers and Hernandez were recovered and survived, while the infant and the woman were pulled from the water unresponsive, given CPR, and pronounced dead at a Brooklyn hospital, according to prosecutors.

The complaint alleges the boat, a Yamaha AR210, was carrying 14 people, exceeding its maximum capacity of 10, and that Hernandez knowingly had a 5-month-old aboard with no infant life vest and no child- or infant-sized flotation devices on the vessel.

Prosecutors allege Hernandez was running a paid tour without a Merchant Mariner Credential or a valid Certificate of Inspection—both required to carry paying passengers—and that the vessel was of a size and type ineligible to receive that certificate for the kind of operation he was conducting, per the complaint.

Manuel Hernandez, 46, was federally charged Monday with two counts of misconduct and neglect of a ship officer resulting in death, each carrying up to 10 years in prison, and was presented before a U.S. magistrate judge, according to the U.S. Attorney's Office for the Southern District of New York.

The Coast Guard, with CGIS and the NYPD, is investigating whether the boat was operating as an illegal charter.

The vessel's operator, Manuel Hernandez, 46, was arrested and charged with 13 counts of reckless endangerment.

Two additional victims—Sara Sanchez, 27, and her 5-month-old daughter, both of Queens—were pronounced dead at a hospital after being brought ashore.

Police initially responded to the call around 10:25 p.m. near Liberty Island; they said that 12 people were initially rescued from the water, with the FDNY and Coast Guard responding.

A boat carrying more than a dozen people capsized in New York Harbor near the Statue of Liberty on Saturday night, killing a woman and her infant daughter.

Firefighters state the patient count remains at 15, with 9 stable and 2 in serious condition.

FDNY EMS CW1 · 0:30
Medical Branch 2676, citywide. Medical Branch 2676, proceed. 2676, it's an update progress report for you. Patient count remains at 15. The breakdown is going to be 9 green tag civilians. Two of the green tags from the original 11 became orange tags. So we have 9 green tag civilians, 2 orange tag civilians, civilian, 2 green tag.

First responders report a total of approximately 15 people involved in the incident, with 11 initially on the boat.

FDNY EMS CW1 · 0:30
Citywide to Kinesis 32.Boards to Defense 3676, call on Kinesis 32. Yeah, 10-4, boys. Who did you want to go to Lutheran? I just got a landline from Kinesis 31. Did you want him to go there, or did you want 32 to go there? Brooklyn 2676, we're going to be having approximately 15 people total for this incident. We have 11 on the boat. 10-4.

A diver may be injured, and two civilians in cardiac arrest are being taken to a hospital.

FDNY EMS CW1 · 0:18
We also have a report of one diver, potentially injured as well, so I'll give you a progress report. But right now we have hands on two red tags, civilians, both cardiac arrest, going to hospital, 51. That was report 2676, Brooklyn. 10-4, time now 2304, dispatcher 738, duration 31 minutes.

Firefighters report 11 victims are being transported to Brooklyn for medical evaluation. Two are in critical condition.

FDNY EMS CW1 · 0:31
Medical Branch 2673, I might have got that wrong. Brooklyn, show you what? Medical Branch 2676, Proceed. Close. 2676 Brooklyn. Progress report's going to be all 11 victims on board are being brought now to this side of Brooklyn for evaluation. Code phase count is going to be two currently red tags being evaluated. I need a conditions boss, head over to hospital 51 for track purposes as an HTO for the victims being tried. Transport over to.

Responders report a vessel overturned near the Statue of Liberty with 11 people on board. Emergency responders are treating two cardiac arrest cases, and first responders have secured the boat and the victims.

FDNY EMS CW1 · 0:31
512 to citywide. 512, proceed. Move this job over from Brooklyn over to citywide, please, as the 59 other MCI at the time. The report for you is going to be, we had a vessel overturned by the Statue of Liberty with 11 occupants on board. Coast Guard and NYPD secured the boat and the victims. They removed all the non-patients. They currently have one pediatric cardiac arrest being treated by a unit here at and one adult being... and cardiac arrest...

The address reported for this incident has changed to Statue of Liberty.

Search efforts are expanding to include both Manhattan and Brooklyn locations.

FDNY EMS CW1 · 0:23
10-4, we're trying to see if they're going to do a search on this side. Alright, 10-4, you're standing by the Manhattan location. 10-4. Hashtag 2, show me going to the Brooklyn location. Hashtag 2, 10-4.

Reports indicate two people remain unaccounted for in the water, with others being transported for medical care.

FDNY EMS CW1 · 0:11
one citywide, they said there's a potential 11 patients being transported to Harbor Charlie in the borough of Brooklyn. They said there's two people in the water unaccounted for.

The second missing person has been rescued and is being taken to the South Street Ferry Terminal for medical assistance.

Manhattan FDNY · 0:26
Battalion calling the Marine Battalion. Marine Battalion. Alright, Marine Battalion, as per EMS hashtag 1, they have rescue medics responding to the South Street Ferry Terminal, K. South Street Ferry Terminal, 10-4, your second victim is removed from the water. 10-4, Marine Battalion.

One missing person has been rescued from the water and is being taken to shore for medical assistance.

Manhattan FDNY · 0:30
In the side. Marine Battalion behind. Marine Battalion. Ox 8 420, NYPD's removed one of the missing victims from the water and is en route back to Harbor Charlie, if you can have EMS respond there. Alright, 10-4, Marine Battalion, we'll reach out to you and let's go. Battalion 10-4, search is one. 10-4, Marine Battalion. Alright, 10-4.

Marine units are heading to the area near Governor's Island to assist in the search.

Staten Island FDNY · 0:30
Marine 8 to Staten Island. Marine 8. Can you put us on Manhattan's box for a vessel with people missing in the water in the area of Governor's Island? We're in that area. We're going to make our way over. You have to switch over to Manhattan to be put on the box, K? Marine 8, 10-4, switching over. Time is 2236 hours. Dispatcher 221. Dispatcher 221.

The Coast Guard is enquiring whether a woman and a child are still missing in the water.

Manhattan FDNY · 0:30
South to Marine Battalion. South to Marine Battalion, K. Marine Battalion. Alright, Marine Battalion, the Coast Guard is confirming, you still have a woman and a child missing in the water, K. 10-4, we're, uh, now. 10-4. Marine 9.

Marine units are responding to a report of a person in the water near Liberty Island.

Manhattan FDNY · 0:31
Matthew, Marine Battalion. Battalion. Alright, Marine Battalion, yourself and Marine 6 are being redirected to box 8420 on Liberty Island for a person in the water, K. 10-4, responding on Liberty Island. Matthew, Marine 6. Matthew, Marine 6, K. 10-4.

Police have received a report of two people in the water.

NYPD Citywide 2 · 0:31
72, unconfirmed, 54 water rescue. 140 58th Street, 1st to 2nd Avenue, for two people in the water. States close by, Governors Island, unconfirmed. Confines of the 1st precinct, unconfirmed, 54 water rescue by the Statue of Liberty, Liberty Island Shoreline. States a boat turn, about 14 people in the water. Unconfirmed, no further information. 10th precinct, unconfirmed, 30 of a resident, 1438 Avenue, West 17th and West 18th Street. 10th precinct, unconfirmed, 30 of a resident, 1438 Avenue, West 17th and West 18th Street.

A 911 caller has reported an unconfirmed incident at 140 58th St.

The husband and father of the victim, who was also on the boat, survived the incident.

The charges are accusations only, and Hernandez is presumed innocent unless proven guilty. The case is being prosecuted by the Southern District of New York.

All 14 aboard were thrown into the water when the boat capsized; 11 passengers and Hernandez were recovered and survived, while the infant and the woman were pulled from the water unresponsive, given CPR, and pronounced dead at a Brooklyn hospital, according to prosecutors.

The complaint alleges the boat, a Yamaha AR210, was carrying 14 people, exceeding its maximum capacity of 10, and that Hernandez knowingly had a 5-month-old aboard with no infant life vest and no child- or infant-sized flotation devices on the vessel.

Prosecutors allege Hernandez was running a paid tour without a Merchant Mariner Credential or a valid Certificate of Inspection—both required to carry paying passengers—and that the vessel was of a size and type ineligible to receive that certificate for the kind of operation he was conducting, per the complaint.

Manuel Hernandez, 46, was federally charged Monday with two counts of misconduct and neglect of a ship officer resulting in death, each carrying up to 10 years in prison, and was presented before a U.S. magistrate judge, according to the U.S. Attorney's Office for the Southern District of New York.

The Coast Guard, with CGIS and the NYPD, is investigating whether the boat was operating as an illegal charter.

The vessel's operator, Manuel Hernandez, 46, was arrested and charged with 13 counts of reckless endangerment.

Two additional victims—Sara Sanchez, 27, and her 5-month-old daughter, both of Queens—were pronounced dead at a hospital after being brought ashore.

Police initially responded to the call around 10:25 p.m. near Liberty Island; they said that 12 people were initially rescued from the water, with the FDNY and Coast Guard responding.

A boat carrying more than a dozen people capsized in New York Harbor near the Statue of Liberty on Saturday night, killing a woman and her infant daughter.

Firefighters state the patient count remains at 15, with 9 stable and 2 in serious condition.

FDNY EMS CW1 · 0:30
Medical Branch 2676, citywide. Medical Branch 2676, proceed. 2676, it's an update progress report for you. Patient count remains at 15. The breakdown is going to be 9 green tag civilians. Two of the green tags from the original 11 became orange tags. So we have 9 green tag civilians, 2 orange tag civilians, civilian, 2 green tag.

First responders report a total of approximately 15 people involved in the incident, with 11 initially on the boat.

FDNY EMS CW1 · 0:30
Citywide to Kinesis 32.Boards to Defense 3676, call on Kinesis 32. Yeah, 10-4, boys. Who did you want to go to Lutheran? I just got a landline from Kinesis 31. Did you want him to go there, or did you want 32 to go there? Brooklyn 2676, we're going to be having approximately 15 people total for this incident. We have 11 on the boat. 10-4.

A diver may be injured, and two civilians in cardiac arrest are being taken to a hospital.

FDNY EMS CW1 · 0:18
We also have a report of one diver, potentially injured as well, so I'll give you a progress report. But right now we have hands on two red tags, civilians, both cardiac arrest, going to hospital, 51. That was report 2676, Brooklyn. 10-4, time now 2304, dispatcher 738, duration 31 minutes.

Firefighters report 11 victims are being transported to Brooklyn for medical evaluation. Two are in critical condition.

FDNY EMS CW1 · 0:31
Medical Branch 2673, I might have got that wrong. Brooklyn, show you what? Medical Branch 2676, Proceed. Close. 2676 Brooklyn. Progress report's going to be all 11 victims on board are being brought now to this side of Brooklyn for evaluation. Code phase count is going to be two currently red tags being evaluated. I need a conditions boss, head over to hospital 51 for track purposes as an HTO for the victims being tried. Transport over to.

Responders report a vessel overturned near the Statue of Liberty with 11 people on board. Emergency responders are treating two cardiac arrest cases, and first responders have secured the boat and the victims.

FDNY EMS CW1 · 0:31
512 to citywide. 512, proceed. Move this job over from Brooklyn over to citywide, please, as the 59 other MCI at the time. The report for you is going to be, we had a vessel overturned by the Statue of Liberty with 11 occupants on board. Coast Guard and NYPD secured the boat and the victims. They removed all the non-patients. They currently have one pediatric cardiac arrest being treated by a unit here at and one adult being... and cardiac arrest...

The address reported for this incident has changed to Statue of Liberty.

Search efforts are expanding to include both Manhattan and Brooklyn locations.

FDNY EMS CW1 · 0:23
10-4, we're trying to see if they're going to do a search on this side. Alright, 10-4, you're standing by the Manhattan location. 10-4. Hashtag 2, show me going to the Brooklyn location. Hashtag 2, 10-4.

Reports indicate two people remain unaccounted for in the water, with others being transported for medical care.

FDNY EMS CW1 · 0:11
one citywide, they said there's a potential 11 patients being transported to Harbor Charlie in the borough of Brooklyn. They said there's two people in the water unaccounted for.

The second missing person has been rescued and is being taken to the South Street Ferry Terminal for medical assistance.

Manhattan FDNY · 0:26
Battalion calling the Marine Battalion. Marine Battalion. Alright, Marine Battalion, as per EMS hashtag 1, they have rescue medics responding to the South Street Ferry Terminal, K. South Street Ferry Terminal, 10-4, your second victim is removed from the water. 10-4, Marine Battalion.

One missing person has been rescued from the water and is being taken to shore for medical assistance.

Manhattan FDNY · 0:30
In the side. Marine Battalion behind. Marine Battalion. Ox 8 420, NYPD's removed one of the missing victims from the water and is en route back to Harbor Charlie, if you can have EMS respond there. Alright, 10-4, Marine Battalion, we'll reach out to you and let's go. Battalion 10-4, search is one. 10-4, Marine Battalion. Alright, 10-4.

Marine units are heading to the area near Governor's Island to assist in the search.

Staten Island FDNY · 0:30
Marine 8 to Staten Island. Marine 8. Can you put us on Manhattan's box for a vessel with people missing in the water in the area of Governor's Island? We're in that area. We're going to make our way over. You have to switch over to Manhattan to be put on the box, K? Marine 8, 10-4, switching over. Time is 2236 hours. Dispatcher 221. Dispatcher 221.

The Coast Guard is enquiring whether a woman and a child are still missing in the water.

Manhattan FDNY · 0:30
South to Marine Battalion. South to Marine Battalion, K. Marine Battalion. Alright, Marine Battalion, the Coast Guard is confirming, you still have a woman and a child missing in the water, K. 10-4, we're, uh, now. 10-4. Marine 9.

Marine units are responding to a report of a person in the water near Liberty Island.

Manhattan FDNY · 0:31
Matthew, Marine Battalion. Battalion. Alright, Marine Battalion, yourself and Marine 6 are being redirected to box 8420 on Liberty Island for a person in the water, K. 10-4, responding on Liberty Island. Matthew, Marine 6. Matthew, Marine 6, K. 10-4.

Police have received a report of two people in the water.

NYPD Citywide 2 · 0:31
72, unconfirmed, 54 water rescue. 140 58th Street, 1st to 2nd Avenue, for two people in the water. States close by, Governors Island, unconfirmed. Confines of the 1st precinct, unconfirmed, 54 water rescue by the Statue of Liberty, Liberty Island Shoreline. States a boat turn, about 14 people in the water. Unconfirmed, no further information. 10th precinct, unconfirmed, 30 of a resident, 1438 Avenue, West 17th and West 18th Street. 10th precinct, unconfirmed, 30 of a resident, 1438 Avenue, West 17th and West 18th Street.

A 911 caller has reported an unconfirmed incident at 140 58th St.

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Comments30

StatenIslandUser368689061Aug 9 at 12:36 AM

So sad no matter how it happened. Pray for all involved 🙏

bronxUser1698095008Aug 9 at 12:14 AM

at night is even worse to search 🙏

roseprintsAug 9 at 5:38 PM

Yall quit. Cant contain yourselves for 2 seconds. A mother and baby died, lets have some respect for once in our lives. Rest in peace.

philadelphiaUser1788596019Aug 9 at 5:44 PM

Exactly it was a tragedy.zHave a little empathy for the family that lost a mother and child.

CanogaParkUser490007005Aug 9 at 6:01 PM

Everyone in the comment section is so tone death! Literally a baby and her mother died! Have some respect smh

MannyOnDaStreetzAug 9 at 6:06 PM

Tone DEAF

StatenIslandUser368689061Aug 9 at 12:36 AM

So sad no matter how it happened. Pray for all involved 🙏

bronxUser1698095008Aug 9 at 12:14 AM

at night is even worse to search 🙏

roseprintsAug 9 at 5:38 PM

Yall quit. Cant contain yourselves for 2 seconds. A mother and baby died, lets have some respect for once in our lives. Rest in peace.

philadelphiaUser1788596019Aug 9 at 5:44 PM

Exactly it was a tragedy.zHave a little empathy for the family that lost a mother and child.

CanogaParkUser490007005Aug 9 at 6:01 PM

Everyone in the comment section is so tone death! Literally a baby and her mother died! Have some respect smh

MannyOnDaStreetzAug 9 at 6:06 PM

Tone DEAF

StatenIslandUser368689061Aug 9 at 12:36 AM

So sad no matter how it happened. Pray for all involved 🙏

bronxUser1698095008Aug 9 at 12:14 AM

at night is even worse to search 🙏

roseprintsAug 9 at 5:38 PM

Yall quit. Cant contain yourselves for 2 seconds. A mother and baby died, lets have some respect for once in our lives. Rest in peace.

philadelphiaUser1788596019Aug 9 at 5:44 PM

Exactly it was a tragedy.zHave a little empathy for the family that lost a mother and child.

CanogaParkUser490007005Aug 9 at 6:01 PM

Everyone in the comment section is so tone death! Literally a baby and her mother died! Have some respect smh

MannyOnDaStreetzAug 9 at 6:06 PM

Tone DEAF

StatenIslandUser368689061Aug 9 at 12:36 AM

So sad no matter how it happened. Pray for all involved 🙏

bronxUser1698095008Aug 9 at 12:14 AM

at night is even worse to search 🙏

roseprintsAug 9 at 5:38 PM

Yall quit. Cant contain yourselves for 2 seconds. A mother and baby died, lets have some respect for once in our lives. Rest in peace.

philadelphiaUser1788596019Aug 9 at 5:44 PM

Exactly it was a tragedy.zHave a little empathy for the family that lost a mother and child.

CanogaParkUser490007005Aug 9 at 6:01 PM

Everyone in the comment section is so tone death! Literally a baby and her mother died! Have some respect smh

MannyOnDaStreetzAug 9 at 6:06 PM

Tone DEAF

StatenIslandUser368689061Aug 9 at 12:36 AM

So sad no matter how it happened. Pray for all involved 🙏

bronxUser1698095008Aug 9 at 12:14 AM

at night is even worse to search 🙏

roseprintsAug 9 at 5:38 PM

Yall quit. Cant contain yourselves for 2 seconds. A mother and baby died, lets have some respect for once in our lives. Rest in peace.

philadelphiaUser1788596019Aug 9 at 5:44 PM

Exactly it was a tragedy.zHave a little empathy for the family that lost a mother and child.

CanogaParkUser490007005Aug 9 at 6:01 PM

Everyone in the comment section is so tone death! Literally a baby and her mother died! Have some respect smh

MannyOnDaStreetzAug 9 at 6:06 PM

Tone DEAF

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