LOS ANGELES — Captain Jerry Boylan, the scuba dive boat captain convicted of criminal negligence in the deadly fire that claimed the lives of 34 people nearly five years ago, is scheduled to be sentenced by a federal judge today. The September 2019 blaze, which occurred aboard the Conception vessel off Santa Cruz Island, marked the deadliest maritime disaster in recent U.S. history. The incident led to significant changes in maritime regulations, congressional reform, and ongoing legal battles.
Boylan, found guilty of one count of misconduct or neglect of a ship officer, faces a potential sentence of up to 10 years in prison. His defense team is requesting a five-year probationary sentence, with three years to be served under house arrest. In a sentencing memo, Boylan’s attorneys emphasized that their client did not intend for anyone to die and highlighted his profound grief, remorse, and trauma resulting from the tragic loss of passengers and crew.
The fire broke out on the final day of a three-day excursion, engulfing the Conception before dawn. Thirty-three passengers and one crew member were trapped in a bunkroom below deck and perished. Among the victims were individuals from various backgrounds, including a deckhand pursuing her dream job, an environmental scientist conducting research in Antarctica, a globe-trotting couple, a Singaporean data scientist, and a family of three sisters, their father, and his wife. Boylan was the first to abandon ship, along with four crew members who also survived.
Today’s sentencing, unless Boylan’s ongoing appeal succeeds, marks the culmination of a protracted prosecution that has spanned nearly five years, causing frustration for the families of the victims. Initially indicted on 34 counts of seaman’s manslaughter, Boylan’s defense argued that the deaths resulted from a single incident and should not be treated as separate crimes. Consequently, prosecutors obtained a superseding indictment charging Boylan with only one count. However, in 2022, U.S. District Judge George Wu dismissed the indictment, stating that it failed to specify Boylan’s gross negligence. Prosecutors were subsequently compelled to present the case before a grand jury once again.
While the exact cause of the fire remains undetermined, both the prosecution and defense sought to assign blame during the ten-day trial. The government contended that Boylan failed to assign a required roving night watch and neglected to adequately train the crew in firefighting procedures. The absence of a roving watch allowed the fire to spread undetected throughout the 75-foot boat. Boylan’s defense team, on the other hand, sought to shift responsibility to Glen Fritzler, the owner of Truth Aquatics Inc., which operated the Conception and two other scuba dive boats. They argued that Fritzler failed to provide proper training in firefighting and other safety measures, fostering a lax seafaring culture known as “the Fritzler way,” where no captain under his employ posted a roving watch.
The Fritzlers have refrained from public statements since a local TV interview shortly after the fire, and their attorneys have not responded to requests for comment from The Associated Press.
With the conclusion of the criminal case, attention now turns to several ongoing lawsuits. Truth Aquatics filed a lawsuit three days after the fire, utilizing a pre-Civil War provision of maritime law that allows them to limit their liability to the value of the remains of the boat, which was completely destroyed. Similar legal maneuvers have been successfully employed by the owners of the Titanic and other vessels. To succeed, the Fritzlers must demonstrate that they were not at fault. Additionally, victims’ families have filed lawsuits against the Coast Guard, alleging lax enforcement of the roving watch requirement.
