Sea the City 2 Rescues 12 From Capsized Boat in New York Harbor

Q: Why was a boat captain slapped with 13 counts of reckless endangerment immediately following a fatal capsizing near Liberty Island?

He was charged because investigators believe his handling of the boat put every person aboard in danger, and the count appears to match the number of surviving passengers exposed to that risk. Police said Manuel Hernandez, 46, was arrested after the 22-foot motorboat capsized near Liberty Island late Saturday night. Two passengers — a 27-year-old woman and a 5-month-old girl — died, and about a dozen others were rescued and taken to hospitals. Authorities have not yet publicly given a full formal cause of the capsizing. But reporting tied to the investigation indicates the vessel may have been dangerously overloaded, with about 14 people on board a 22-foot bowrider. That would help explain the 13 reckless-endangerment counts: prosecutors often file one count for each person allegedly placed at substantial risk of serious injury or death. The charge does not require proof that Hernandez intended harm. It reflects an allegation that he operated the vessel in a way that was grossly unsafe under the circumstances. The exact basis for each count, and whether additional charges are filed, will depend on findings from the NYPD and U.S. Coast Guard investigation, including passenger capacity, safety equipment, operator qualifications and the events that led the boat to overturn.

3 articles · Updated · The New York Times · Aug 12

A 40-foot hot tub cruise boat carrying 17 birthday passengers turned into a rescue vessel after its captain spotted a small flashing light in New York Harbor around 10 p.m. Saturday.
Sea the City 2 found 12 people clinging to an overturned boat after captain Josh Cochran, hearing no distress call on marine radio, chose to investigate the light and sent two crew members forward as lookouts.
Law enforcement officials confirmed Cochran’s account, which adds detail to the harbor capsizing that killed a mother and her daughter and is now under federal investigation.
The earlier crash involved a 22-foot speedboat near the Statue of Liberty; prosecutors charged pilot Manuel Hernandez, alleging he ran an over-capacity illegal charter and lacked proper licensing.