The decision was made on the third anniversary of one of the worst maritime catastrophes in modern U.S. history, which occurred on September 2, 2019, when the Conception exploded in flames on an island off the coast of Santa Barbara. All 33 passengers and one member of the crew who were trapped below deck in a bunk room perished.
In 2019, a fatal fire broke out onboard the commercial scuba diving vessel Conception off the coast of Southern California, engulfing the vessel in flames. Santa Barbara County Fire Department via AP
Federal prosecutors say 68-year-old Captain Jerry Boylan violated safety regulations. When the fire broke out, he was accused of “misconduct, carelessness, and inattention” for neglecting to educate his crew, conduct fire drills, and have a roaming night watchman on board.
However, the indictment omitted to establish that Boylan behaved with gross negligence, which, according to U.S. District Judge George Wu, is essential to prove seaman’s manslaughter and must be included in the indictment.
The NTSB investigation indicates that all six crew members were sleeping prior to the fatal dive boat fire at 01:30