Captain of Capsized New York Harbor Boat Faces Charges and ICE Detention

Manuel Ernesto Hernandez-Umana, the 46-year-old captain of a Yamaha AR210 speedboat that capsized in New York Harbor on August 9, was detained by U.S. Immigration and Customs Enforcement (ICE) after investigators confirmed he was in the United States illegally, according to the U.S. Department of Homeland Security.

The capsizing near the Statue of Liberty killed 27-year-old Sara Sanchez and her five-month-old daughter, Antonella Garcia, both residents of Queens. The tragedy unfolded on open waters between the landmark and the Brooklyn shore during what a law enforcement official told CNN was a birthday celebration ride carrying 14 people.

According to a federal complaint filed in the Southern District of New York, Hernandez-Umana was operating the vessel without proper licenses and the boat was over capacity. Prosecutors allege that the captain piloted the boat into a swell and accelerated the throttle to try to pass through it, causing the bow to swamp and the vessel to capsize immediately. Furthermore, prosecutors stated there were no infant life vests on board.

Federal and State Charges Against the Boat Captain

Following the disaster, Hernandez faces two federal counts of misconduct and neglect of a ship officer resulting in death. During an initial federal court appearance on August 10, he did not enter a plea and was released the same day on a $50,000 personal recognizance bond with certain conditions prohibiting him from operating any boats or vessels.

In addition to federal charges, the New York Police Department charged Hernandez with 13 counts of reckless endangerment. DHS stated that Hernandez, a national of El Salvador, told authorities he originally entered the United States illegally through Texas in 2007 by falsely claiming to be a U.S. citizen.

Law enforcement officials are investigating whether Hernandez was running an illegal charter operation lacking required credentials and safety equipment. Federal regulations generally require credentials and inspections for vessels carrying more than six passengers for hire.

Rescue Efforts and Ongoing Investigation

The sudden capsize prompted a response from emergency vessels deployed to the harbor. Rescuers pulled 12 people from the water, while Sanchez and the infant were recovered in critical condition and later pronounced dead at a hospital.

The baby’s father, Andres Garcia, survived the accident, according to a law enforcement official briefed on the investigation. The couple’s six-year-old son was with a sitter at the time, a coworker of Garcia’s reported.

The U.S. Coast Guard, Coast Guard Investigative Service (CGIS), and the NYPD are investigating the cause of the disaster. CGIS Assistant Director Josh Packer emphasized the dangers of unregulated operations.

Illegal charter operations gamble with human life, and in this case, the alleged conduct led to an unthinkable tragedy.

Josh Packer, CGIS Assistant Director

According to DHS, Hernandez remains in ICE custody while awaiting trial and will face removal proceedings after the conclusion of his criminal case and any sentence imposed. Hernandez’s lawyer declined to comment on the detainment.