New Jersey tour boat operators charged over two passenger deaths caused by capsizing

The two operators of a New Jersey tour boat business have been arrested and charged in connection with the deaths of two passengers in a capsizing incident on the Hudson River in 2022, the US Department of Justice (DOJ) confirmed via a recent statement.

Richard Cruz and Jaime Pinilla Gomez face charges for causing the death of a seven-year-old boy and a 48-year-old woman after the vessel they were operating in the Hudson River capsized on July 12, 2022. The two passengers drowned after being trapped underneath the vessel.

Damian Williams, the United States Attorney for the Southern District of New York, said the defendants allegedly flouted federal regulations, recklessly disregarded safety protocols, operated the vessel at an unsafe speed in hazardous conditions, and overloaded the vessel with too many passengers on board.

Events behind the capsizing

At around 14:40 local time on the said date, the motor vessel Stimulus Money capsized in the Hudson River, resulting in the two passenger deaths.

The DOJ statement said that, at the time of the capsizing, Cruz was the owner and captain of the vessel and Gomez was the pilot of the vessel. Cruz had purchased the vessel approximately three months before the capsizing.

The two defendants conducted boat “tours” for paying customers on board the vessel on multiple occasions in the months leading up to the capsizing, although they did not have the required US Coast Guard credentials and certifications to do so.

The statement added that Cruz and Gomez’s negligent actions and omissions caused the capsizing and the deaths.

At the time of the capsizing, among other things:

1. The defendants operated the boat with 13 people on board, exceeding the vessel’s maximum allowable capacity.
2. The defendants operated the boat at a high rate of speed during a Small Craft Advisory in high winds and heavy seas.
3. Neither of the defendants had obtained a required US Coast Guard certification to operate the vessel with paying customers on board.
4. The defendants operated the boat without a valid US Coast Guard Certificate of Inspection, which is required for a vessel to operate with paying customers on board.
5. Gomez, an insufficiently experienced mariner, piloted Stimulus Money in a dangerous manner, including by rapidly accelerating one engine of the vessel immediately before the capsizing, which contributed to the overturning of the vessel.
6. Gomez, at the time of the capsizing, failed to properly wear a safety device that should be worn around the pilot’s wrist or life vest, which contributed to the vessel’s engine continuing to operate even after he shifted from the helm console (at which the vessel was operated).

All 13 people on board Stimulus Money were thrown overboard during the capsizing. Shortly afterwards, boats from the New York City Police Department’s (NYPD) Harbor Unit and the New York City Fire Department’s (FDNY) Dive Rescue Team, and ferries operating nearby, arrived at the scene of the capsizing to render emergency assistance.

Ten passengers and Gomez were recovered conscious and in varying medical conditions.  They were subsequently transferred to hospitals in Manhattan and survived the capsizing.

Approximately 25 minutes after the capsizing, members of the FDNY Dive Rescue Team recovered the two victims from the Hudson River. They were trapped underneath the capsized vessel and found unconscious.

Emergency medical personnel subsequently pronounced the two victims deceased.  The cause of death was drowning.

Aftermath

Cruz and Gomez, both of Elizabeth, New Jersey, are each charged with one count of misconduct and neglect of a ship officer resulting in death, which carries a maximum sentence of 10 years in prison.

The DOJ clarified that the maximum potential sentence in the case is prescribed by Congress and is provided on the DOJ website for informational purposes only, as any sentencing of the defendants will be determined by a judge.