California boat captain indicted in 2019 fire that killed 34

The captain of a California scuba diving boat that caught fire and sank last year in one of the deadliest maritime disasters in recent U.S. history was indicted Tuesday on 34 counts of federal seaman’s manslaughter.

A federal grand jury says Jerry Nehl Boylan, 67, caused the deaths “by his misconduct, negligence, and inattention to his duties” when the Conception caught fire Sept. 2, 2019, the indictment said. The blaze killed 33 passengers and one crew member.

“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 loss of life that day will forever impact the families of the 34 victims,” he said. “With this indictment and our commitment to vigorously prosecute the case, we seek a small measure of justice for the victims and their loved ones.”

According to the indictment, Boylan failed to adequately train his crew, conduct fire drills and have a roving patrol on the night of the fire.

The 75-foot vessel caught fire during a Labor Day weekend dive trip near Santa Cruz Island off Santa Barbara. Boylan was on the boat, along with six crew members and 33 passengers.

Federal authorities have been investigating the cause of the fire for more than a year.

The National Transportation Safety Board in October ruled that it was the captain’s lack of oversight to post a roving night watchman that allowed the fire to rage out of control.

Board member Jennifer Homendy, who traveled to Santa Barbara in 2019 and toured a sister ship of the Conception, blasted Boylan and the boat’s owners, Truth Aquatics, during a virtual hearing on the investigation findings.

“I hate the term ‘accident’ in this case because, in my opinion, it is not an accident if you fail to operate your company safely,” Homendy said at the time.

“Clean up your act,” NTSB Chairman Robert Sumwalt said, referring to Truth Aquatics.

Each charge of the seaman’s manslaughter carries a maximum penalty of 10 years in federal prison.