The ruling came on the third anniversary of one of the deadliest maritime disasters in recent U.S. history.
LOS ANGELES — A Los Angeles federal judge threw out an indictment Friday charging a dive boat captain with manslaughter in the deaths of 34 people in a 2019 fire aboard a vessel anchored off the Southern California coast.
Prosecutors will seek approval from the Department of Justice to appeal the ruling, said Thom Mrozek, a spokesperson for the U.S. attorney in Los Angeles. They can also seek a new indictment alleging gross negligence. The defense also argued that the single-count indictment should be thrown out because it did not allege Boylan acted with gross negligence, which they said was a required element of the crime.
Robert Weisberg, a criminal law professor at Stanford University, blamed Congress in part for writing the law in an “ad hoc and inconsistent” manner.
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