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Old 07-11-2023, 08:05   #331
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Re: The loss of M/V Conception

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Originally Posted by Uricanejack View Post
Thanks interesting article.

Not over yet still the sentence to come.
Presumably cowardice is based on testimony from the court about the abandonment of the vessel while passengers and crew members. were still alive and trapped.

I expect the sentence will be severe.
The testimony included cell phone video from one of the trapped passengers which showed they were still alive 3 minutes after the captain's mayday call.

I don't think he was a coward, because I have watched fiberglass vessels burn. I think he was an idiot, because the vessel COI called for the roving watch when passengers were aboard. If I was captain of that dive boat, there would have been a roving watch. Period.

In the aftermath, we have a kid working on boats here who was one of the crew who escaped. His girlfriend was sleeping below with the passengers, and didn't. He will be dealing with the rest of his life.
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Old 07-11-2023, 08:43   #332
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Re: The loss of M/V Conception

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The testimony included cell phone video from one of the trapped passengers which showed they were still alive 3 minutes after the captain's mayday call.

I don't think he was a coward, because I have watched fiberglass vessels burn. I think he was an idiot, because the vessel COI called for the roving watch when passengers were aboard. If I was captain of that dive boat, there would have been a roving watch. Period.

In the aftermath, we have a kid working on boats here who was one of the crew who escaped. His girlfriend was sleeping below with the passengers, and didn't. He will be dealing with the rest of his life.



Tragic situation for the kid.. Tragic situation for the captain, who .. supposedly learnt his craft from owner, and was not aware.


No one who is aware would have let this happen. I do not think even the captain who failed in so many ways was having malice in his heart when he failed in his duty. Just lack of education. Tragic on so many ways.


I would hope that the education of 'captains' would ensure that this does not happen again.
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Old 07-11-2023, 08:45   #333
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Re: The loss of M/V Conception

On a seperate note.. there is another 'captain' issue going on with a boat sinking on entering turtle bay in Baja California, MX. https://www.cruisersforum.com/forums...ha-281124.html
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Old 03-05-2024, 03:14   #334
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Re: The loss of M/V Conception

Jerry Boylan, captain of the scuba dive boat, “Conception”, was sentenced to four years in prison, and three years supervised release, on Thursday, for criminal negligence, after 34 people died, in a fire onboard, on September 2, 2019.

Boylan was found guilty of one count of misconduct, or neglect of ship officer, last year.
The charge is a pre-Civil War statute, colloquially known as “seaman's manslaughter”. It was designed to hold steamboat captains and crew responsible, for maritime disasters.
Boylan was the first to abandon ship. Four crew members, who joined him, also survived.

A grand jury, in 2020, initially indicted Boylan on 34 counts of seaman's manslaughter, meaning he could have faced a total of 340 years behind bars. Boylan's attorneys argued the deaths were the result of a single incident, and not separate crimes, so prosecutors got a superseding indictment, charging Boylan with only one count.

In 2022, U.S. federal Judge, George Wu, dismissed the superseding indictment, saying it failed to specify that Boylan acted with gross negligence. Prosecutors were then forced to go before a grand jury again.

In determining a sentence, Judge Wu, said he took into account Boylan's age, health, the unlikelihood of recurrence, and the need for deterrence and punishment.
He said: while Boylan's behaviour was reckless, the guidelines for sentencing would not warrant a 10-year [the ‘max’] sentence.

Civil litigation continues.
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