The captain of the deadly submarine fire that left 34 dead is on trial again. The judge ruled that the dead could not be called ‘victims’.
Jerry Boylan, 69, was the captain of the Conception submarine that caught fire off the coast of Southern California in 2019.
A federal trial against Boylan began Tuesday to determine whether the captain was responsible for the tragedy, as the National Transportation Safety Board alleged he was.
The trial judge – who has jury selection in Los Angeles – ruled before the latest legal proceedings began that the 34 people who died in the Labor Day tragedy could not be called “victims.”
U.S. District Judge George Wu ruled that “victims” is a biased term that jeopardizes Boylan’s right to a fair trial.
Jerry Boylan, 69, was the captain of the Conception submarine that caught fire off the coast of Southern California in 2019. A federal trial against Boylan began Tuesday to determine whether the captain was responsible for the tragedy.
The trial judge – who has jury selection in Los Angeles – ruled before the legal proceedings started that the 34 people who died in the Labor Day tragedy could not be called “victims.”
The 2019 devastation was the deadliest maritime disaster in recent U.S. history, with 34 people killed on the final day of the boat’s three-day diving excursion.
It has been a long and frustrating wait for the families of those who died. They say a judge’s ruling that their loved ones cannot be called “victims” during the trial has only added to their pain.
“The last four years have been like living a nightmare that you can’t wake up from,” said Kathleen McIlvain, whose 44-year-old son Charles died in the tragedy.
The 70-foot boat was anchored off the Channel Islands, about 25 miles south of Santa Barbara, when it caught fire before dawn and sank less than 100 feet from shore.
It is still unknown what exactly caused the fire. Early official investigations seemed to focus on a spot where divers had plugged in phones and other electronics.
a Los Angeles Times According to the story, citing a confidential report from the Bureau of Alcohol, Tobacco, Firearms and Explosives, the fire started in a plastic trash can on the main deck.
Boylan and four crew members sleeping on the upper deck told investigators they tried to rescue the others but were ultimately forced to jump overboard to survive. Boylan made a distress call at 3:14 a.m., just before leaving the ship.
Although the fire happened in the middle of the night, some of the dead were wearing shoes, leading investigators to believe they were awake and trying to escape.
Captain Jerry Boylan pleaded guilty for a second time in federal court in 2022 to manslaughter in the fiery deaths of 34 people trapped below deck on his burning ship three years ago
Senior Apple engineer Steve Salika (left) and Lisa Fiedler, a 52-year-old hairdresser (right) both died aboard the submarine
Michael Quitasol (center) celebrated his birthday with daughters Nicole (far left), Evan (second from right), Angela (far right) and his partner Fernisa Sison (not pictured) during a submarine fire off the coast of Santa Barbara, California. All five are now believed to be dead
Kristy Finstad, 41, of Santa Cruz (left) was among the divers who helped lead the expedition aboard the Conception, which caught fire in the early morning hours Monday. the only crew member to die in the boat fire as 25-year-old Allie Kurtz (right)
Both exits from the sleeping area below deck were blocked by flames.
Coroner’s reports listed smoke inhalation as the cause of death, although no official autopsies were ever performed.
The National Transportation Safety Board blamed Boylan for the fire. He said his failure to deploy a roving night watchman allowed the fire to spread quickly unnoticed, trapping the 33 passengers and a crew member below.
A grand jury initially indicted Boylan in 2020 on 34 counts of a pre-Civil War statute, colloquially known as “mariner manslaughter,” that was intended to hold steamboat captains and crew members responsible for maritime disasters.
Each count carries a maximum of 10 years in prison if convicted, for a total of 340 years.
Among the 34 people killed in the deadly fire were Neal Gustav Baltz, Patricia Ann Beitzinger and Kristina “Kristy” Finstad.
Also killed on the boat was a family of five: Evan Michel Quitasol, Nicole Storm Quitasol, Angela Rose Quitasol, Fernisa Sison and Michael Quitasol
Other passengers who died were Alexandra “Allie” Kurtz, Raymond “Scott” Chan, Kendra Chan, Steven Salika, Tia Salika-Adamic, Carol Diana Adamic, Berenice Felipe Alvarez, Charles McIlvain, Marybeth Guiney, Lisa Fiedler, Daniel Garcia, Yulia Krashennaya , Kristian Takvam and Caroline McLaughlin.
The couple Adrian Dahood-Fritz and Andrew Fritz tragically died on the boat.
Finally: Vaidehi Campbell, Kaustubh Nirmal and Sanjeeri Deopujari, Justin Carroll Dignam, Ted Strom, Wei Tan, Sunil Singh Sandhu, Xiang Lin, Juha Pekka Ahopelto and Yuko Hatano.
Raymond “Scott” Chan, 59 (left), a science teacher at American High School in Fremont, was also on board with his daughter, 26-year-old wildlife biologist Kendra Chan (right)
Charles McIlvain (left), 44, who is survived by his wife Jasmine Lord, who was not aboard the Conception. A friend wrote that ‘Chuck’ was ‘full of life’, had an ‘infectious laugh’ and was a ‘warm soul’
An Arizona couple, Patricia Beitzinger and her partner of two years, Neal Baltz, were traveling
Ocean enthusiast Marybeth Guiney (above) was among those aboard the ship. She was remembered for her work to help protect sharks and other marine life
The trial was prolonged with setbacks when judge Wu ruled in 2022 that the superseding indictment did not specify that Boylan which is a required element to prove the crime of manslaughter by a seaman.
He dismissed that charge and forced prosecutors to appear before a grand jury again.
The submarine captain pleaded guilty for a second time in federal court to manslaughter in the fiery deaths of 34 people trapped below deck on his burning ship off the coast of Southern California three years ago.
Boylan is now accused of misconduct or neglect of the ship’s officer. The single count means he faces only 10 years behind bars if convicted.
He has pleaded not guilty and denied any wrongdoing.
The Labor Day tragedy led to changes in maritime regulations, congressional reforms and civil lawsuits.
After the incident, the Coast Guard issued new rules for fire detection systems, extinguishers, escape routes and other safety measures, as mandated by Congress.