The operator of a speedboat that capsized during a tour of New York Harbor, killing a 5-month-old baby and her mother, has been taken into custody by federal immigration authorities, who say he was living in the United States illegally.
Manuel Ernesto Hernandez-Umana, who is already facing federal criminal charges stemming from the Aug. 8 disaster, allegedly lied to a border official when he entered the United States through Texas in 2007, falsely telling the officer that he was an American citizen, according to the Department of Homeland Security.
Hernandez-Umana, 46, is a citizen of El Salvador and is now being detained at a U.S. Immigration and Customs Enforcement facility in Elizabeth, New Jersey, federal records show. Homeland Security Secretary Markwayne Mullin said Hernandez-Umana is expected to ultimately be deported from the United States.
Federal immigration agents took Hernandez-Umana into custody after he was released on bail in the separate criminal prosecution over the capsizing. He has been charged with causing the deaths of 5-month-old Antonella Garcia and her 27-year-old mother, Sara Sanchez, through misconduct or neglect.
Prosecutors allege that Hernandez-Umana did not have the required U.S. Coast Guard license to operate the excursion and lacked knowledge of fundamental boating safety requirements. He also allegedly told investigators that the vessel used for the trip was a friend’s personal boat that he had borrowed. Authorities say the excursion was an illegal charter and that the vessel was carrying too many passengers.
“Once he faces justice for his crimes, we will make sure that he is swiftly removed from our country,” Mullin said in a statement.
Hernandez-Umana’s attorney, Amy Gallicchio, declined to comment on the latest developments.
Hernandez-Umana had been residing in Manville, New Jersey, before the deadly incident. He was not asked to enter a plea when he made his first appearance in the criminal case on Aug. 10. He appeared emotional as he entered the courtroom, wiping his eyes while still dressed in the T-shirt, swim trunks and water shoes he had been wearing during the ill-fated boat trip. His next court appearance is scheduled for Sept. 9.
Coast Guard investigators say Hernandez-Umana was operating a 21-foot Yamaha AR210 carrying 14 people when the vessel took on water and sank while attempting a U-turn amid rough conditions. The boat was rated to carry no more than 10 people. The excursion began at approximately 7 p.m., and the boat capsized more than three hours later.
Authorities said the 5-month-old infant was not wearing a life jacket because the vessel did not have a properly sized flotation device for a small child. Prosecutors allege that Hernandez-Umana instead instructed Sanchez to put on a life vest herself and hold her baby for the duration of the lengthy excursion, which they said violated federal safety regulations.
The excursion had been arranged through Zeus Luxury Rental Inc., a company that promotes its rental services through social media, including Instagram and TikTok. The company had previously been connected to another boating emergency when one of its chartered vessels caught fire during a birthday cruise on Long Island Sound last year.
According to the criminal complaint, Hernandez-Umana told investigators that he had been doing freelance or contract work for Zeus Luxury since last year. He said he initially worked for the business as a limousine driver before becoming involved in boating excursions.
Hernandez-Umana also told authorities that on two recent occasions he had operated his own vessel, a somewhat larger Yamaha AR250. On Aug. 8, however, he allegedly used a friend’s boat because his own vessel required repairs.
Requests for comment were sent to the telephone number and email address listed on Zeus Luxury’s website. An automated message indicated that the voicemail associated with the phone number was full.
{Matzav.com}
