San Diego Union-Tribune

DIVE BOAT CAPTAIN INDICTED IN FIRE THAT KILLED 34

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The captain of the Conception, the dive boat that caught fire off the coast of Santa Barbara, killing 34 people, was indicted Tuesday by a federal grand jury on 34 counts of seaman’s manslaught­er.

Each count carries a possible 10-year prison term with conviction.

The indictment alleges that as the leader of the 2019 diving tour near the Channel Islands, Jerry Boylan, 67, “was responsibl­e for the safety and security of the vessel, its crew and its passengers,” according to the U.S. Attorney’s Office in Los Angeles, which announced the charges.

Boylan, a resident of Santa Barbara, was expected to surrender to federal authoritie­s at a later date.

“As a result of the alleged failures of Captain Boylan to follow well-establishe­d safety rules, a pleasant holiday dive trip turned into a hellish nightmare as passengers and one crew member found themselves trapped in a fiery bunkroom with no means of escape,” U.S. Attorney Nick Hanna said in a statement.

The indictment said that “by his misconduct, negligence, and inattentio­n to his duties,” Boylan caused the deaths of 33 passengers and one crew member, according to the announceme­nt of the case.

Boylan and four other crew members, who had all been sleeping, escaped from the f laming boat after making a mayday call.

Prosecutor­s singled out three violations: failing to have a roving patrol; failing to conduct sufficient f ire drills; and failing to conduct sufficient crew training.

The summary of failures in safety protocol aboard the Conception mirrors the findings of the National Transporta­tion Safety Board, which earlier this year faulted the boat’s owner, Truth Aquatics, for failing to have effective oversight of the vessel and not having a roving watchperso­n that would have detected the blaze sooner, saving lives.

The NTSB determined the fire began in the back of a middle deck salon where lithium-ion batteries were being charged, but the agency could not say whether it was the batteries, the ship’s electrical system or an unattended fire source that ignited the blaze.

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