The captain of a scuba diving boat on which 34 people died in a fire is standing trial after being accused of neglect.
Captain Jerry Boylan was in charge of the Conception scuba diving boat when the fire broke out on board at around 3am on September 2, 2019, when the boat was anchored off the Channel Islands during a three-day trip.
There were 33 passengers aged between 16 to 62 on board with the crew, and as flames blocked both exits of the bunk room, all of the passengers and one crew member found themselves unable to escape, resulting in the deadliest maritime disaster in recent US history.
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Boylan escaped the scene by jumping into the water, though his public defender, Georgina Wakefield, has claimed that he reboarded the boat shortly afterwards, but conditions made it impossible to help.
“The fire hoses are on fire,” she said. “No amount of training can help you hold a fire hose that’s on fire.”
Boylan is now on trial in Los Angeles, where he faces one count of neglect or misconduct by a ship officer.
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Federal prosecutors have accused Boylan of failing to follow well-established safety protocols, with Asst. US Attorney Matthew O’Brien telling the jury the captain was responsible for the safety of the passengers and crew.
Instead, O'Brien claimed, Boylan was 'the first person to jump off the boat', while those who died 'didn't have a chance to jump overboard'.
“They were waiting to be rescued but nobody rescued them," he said.
O'Brien claimed Boylan did not instruct crew members to conduct a 'roving patrol' while passengers slept, and said the crew was not trained in how to use the potentially life-saving firefighting equipment on board.
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He is set to present evidence, including a 24-second video filmed by one of the passengers while they were trapped in 'the dark, cramped bunk room' below deck, which was found on the phone of a deceased passenger.
Wakefield has claimed Boylan radioed for help 'even as flames surrounded the wheelhouse'.
She also placed blame on the owner of the boat, Glen Fritzler, claiming he did not pay for fire training or require a crew member to keep watch at night.
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An investigation by the National Transportation Safety Board (NTSB) concluded that the lack of a roving patrol directly impacted the high number of fatalities.
“The crew was not able to warn passengers or aid in their escape,” an NTSB report said.
“Had a crew member been awake and actively patrolling the Conception on the morning of the fire, it is likely that they would have discovered the fire at an early stage, allowing time to fight the fire and give warning to the passengers and crew to evacuate.”
Boylan has pleaded not guilty to the charge he faces. The cause of the fire remains officially undetermined.
Emily Brown