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Unlicensed Boat Captain Charged After Mother and Baby Killed in New York Capsizing

12th August 2026
New York Harbour at dusk near the Statue of Liberty, where a fatal boat capsizing left a mother and her five-month-old daughter dead and led to federal charges against the vessel’s captain.
New York Harbour at dusk near the Statue of Liberty, where a fatal boat capsizing left a mother and her five-month-old daughter dead and led to federal charges against the vessel’s captain Credit: Marine Industry News

A boat captain is facing federal charges after a vessel carrying 14 people capsized near the Statue of Liberty in New York Harbour, resulting in the deaths of a 27-year-old woman and her five-month-old daughter. The incident occurred at approximately 10.25 pm on Saturday, August 8, while the group was on a harbour trip near Liberty Island.

According to Marine Industry News, 46-year-old Manuel Hernandez was initially arrested by the New York Police Department on 13 counts of reckless endangerment. He has since been charged by federal prosecutors with two counts of misconduct and neglect of a ship officer resulting in death.

Hernandez appeared before a federal court in Manhattan on Monday, August 10, and was released on a $50,000 personal recognisance bond. He was not required to enter a plea. As part of his release conditions, Hernandez is prohibited from operating boats or other vessels, must surrender his travel documents and cannot contact passengers or people associated with the vessel's operator. A preliminary hearing is scheduled for September 9.

Vessel Allegedly Exceeded Passenger Capacity

Federal prosecutors allege that Hernandez lacked the credentials required to operate a vessel carrying paying passengers. Court documents state that 14 people were aboard the boat despite its maximum capacity of 10.

The vessel had reportedly been underway for more than three hours when it approached the Statue of Liberty. Prosecutors allege Hernandez accelerated while attempting to negotiate a swell, after which water came over the bow, and the boat capsized.

The complaint also alleges that the five-month-old infant was not wearing a personal flotation device.

Investigators are examining the regulatory status of the voyage, including whether it was being operated as an illegal charter. Prosecutors allege the boat lacked a valid US Coast Guard Certificate of Inspection required for the passenger service it was providing.

Major Rescue Operation Launched

The capsize prompted a response from New York emergency services, including NYPD harbour, scuba and aviation units, along with nearby commercial vessels. Twelve people were rescued from the water. Survivors were taken to hospital, with authorities reporting minor injuries among the other passengers.

The woman and her five-month-old daughter were recovered from the water by police divers and transported to NYU Langone Hospital in Brooklyn in critical condition. Both were later pronounced dead. The baby's father was among those who survived the capsize. The family also has a six-year-old son who was not aboard the vessel. The group had reportedly been taking part in a birthday celebration.

US Coast Guard Sector New York commander Captain Doreen McCarthy expressed condolences to the victims' family and praised those involved in the rescue.

“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,” she said. “We are extremely grateful for the heroic, swift actions of our partner agencies and a Good Samaritan vessel that assisted in rescuing survivors from the water.”

The vessel has since been recovered from New York Harbour and remains in police custody as authorities continue investigating the circumstances surrounding the fatal capsize.

Read more on Marine Industry News here

Published in News Update
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