Prosecutors seek restitution for families of 34 people killed in 2019 scuba boat fire in California
LOS ANGELES — Prosecutors seek damages for the families of 34 dead in fire on submarine In 2019, it was the deadliest maritime disaster in recent US history.
A judge will determine the amount during a hearing Thursday in federal court in Los Angeles. The proceedings come nearly five years after the September 2, 2019, tragedy off the coast of central California, leading to changes in maritime regulations, congressional reforms, and several ongoing civil lawsuits.
The captain of the Conception, Jerry Boylan, was convicted last year of one count of misconduct or negligence of a ship’s officer after a 10-day trial in federal court in downtown Los Angeles. The charge is a pre-Civil War law popularly known as manslaughter by sailor which was intended to hold captains and crews of steamboats responsible for maritime disasters.
He was sentenced to four years in prison and three years of supervised release. He is out on bail and must report to the Bureau of Prisons by August 8. His appeal is pending.
The Conception was anchored off Santa Cruz Island, 25 miles south of Santa Barbara, when the ship caught fire before dawn on the last day of a three-day excursion and sank less than 100 feet from shore.
Thirty-three passengers and one crew member died, trapped in a dormitory below deck. The dead included the sailor who had landed her dream job; an environmental scientist who did research in Antarctica; a couple who travel the world; a Singaporean data scientist; and a family with three sisters, their father and his wife.
Boylan was the first to abandon ship and jump overboard. Four crew members who joined him also survived.
Although the exact cause of the fire has not yet been determined, prosecutors charged that Boylan failed to post a required night watch and failed to properly train his crew in firefighting. The lack of a night watch allowed the fire to spread undetected throughout the 75-foot (23-meter) boat.
But Boylan’s federal public defenders tried to blame him boat owner Glen Fritzlerwho, together with his wife, owns Truth Aquatics Inc., which operated the Conception and two other submarines, often around the Channel Islands.
They argued that Fritzler was responsible for failure to train crew in fire fighting and other safety measures, and also created a lax maritime culture they called the “Fritzler Way,” where no captain working for him set a watch.
The Fritzlers have not spoken publicly about the tragedy since an interview with a local TV station a few days after the fire. Their attorneys did not respond to requests for comment from The Associated Press.
Three days after the fire, Truth Aquatics has filed a lawsuit under a provision of pre-Civil War maritime law that allows it to limit its liability to the value of the remains of the boat, which was a total loss. The tried-and-true legal maneuver, successfully used by the owners of the Titanic and other ships, requires the Fritzlers to prove they were not at fault.
This case is still ongoing, as are other cases brought by the families of the victims against the coast guard, alleging that there is lax supervision of compliance with the obligation to keep an eye on the coast guard.