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Unlicensed boat captain charged after mother and baby killed in New York capsizing

New York statue of liberty at dusk The vessel was carrying 14 people during a harbour trip towards the Statue of Liberty

The captain of a boat involved in a deadly capsizing in New York Harbor is facing federal charges in the US, after the death of a 27-year-old woman and her 5-month-old baby who were on board.

The vessel, carrying 14 people, overturned near the Statue of Liberty on Saturday night (8 August 2026).

Manuel Hernandez, 46, was initially arrested on 13 counts of reckless endangerment by the New York Police Department. Federal prosecutors have now charged him with two counts of misconduct and neglect of a ship officer resulting in death.

Hernandez appeared in federal court in Manhattan on Monday (10 August 2026). He was released on a $50,000 personal recognisance bond and was not required to enter a plea. His release conditions include a ban on operating boats or other vessels, surrendering travel documents and having no contact with the passengers or people associated with the vessel’s operator. A preliminary hearing is scheduled for 9 September.

Federal prosecutors allege that Hernandez was operating the vessel without the credentials required to carry paying passengers. The charging documents also state that 14 people were on board, despite the boat having a maximum capacity of 10.

According to the complaint, the vessel was more than three hours into a harbour tour when it approached the Statue of Liberty. Hernandez allegedly accelerated while attempting to pass through a swell, which then washed over the bow and caused the boat to capsize.

Prosecutors also allege that the infant was not wearing a personal flotation device. The complaint says the vessel lacked a valid Coast Guard Certificate of Inspection, which prosecutors say was required for the operation. It also states that the boat’s type and size made it ineligible for such a certificate for the service being provided.

The Coast Guard is now investigating whether the trip constituted an illegal charter, which is defined as an operation as a passenger-for-hire service lacking the required credentials, safety equipment or inspection certificate.

The incident happened at about 10.25pm near Liberty Island. A 911 call prompted a response from the NYPD harbour unit, scuba team and aviation team.

Twelve people were rescued from the water, with both commercial and emergency vessels involved in the response. Adam Schwartz, founder of Sea the City, says one of his company’s boats was nearby and helped bring survivors out from the water. The remaining passengers were taken to hospitals, with authorities reporting minor injuries among the survivors.

Sanchez and her daughter, Antonella Garcia, were recovered by police divers and taken to NYU Langone Hospital in Brooklyn in critical condition. Both were later pronounced dead.

Sanchez lived in College Point, Queens. Her partner and the baby’s father, Andres Garcia, was among those who survived the capsizing. The couple also had a six-year-old son who was not on the boat.

The group had reportedly been taking part in a birthday celebration.

“We are deeply saddened by the tragic loss of life last night, and our thoughts are with the victims’ family and loved ones during this incredibly difficult time,” says Captain Doreen McCarthy, the Coast Guard Sector New York commander. “We are extremely grateful for the heroic, swift actions of our partner agencies and Good Samaritan vessel who assisted in rescuing survivors from the water.”

The overturned vessel was subsequently recovered from the harbour and remains in police custody as investigators continue to examine causes of the fatal incident.

 - Marine Industry News
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