DEVELOPING A federal grand jury issued a new indictment Tuesday against a dive boat captain, alleging that he acted with gross negligence when a 2019 fire aboard his vessel led to the deaths of 34 people off the Southern California coast.
under a provision in maritime law to avoid payouts to the families of the victims. Family members of the dead have filed claims against boat owners Glen and Dana Fritzler and the company, and have sued the U.S. Coast Guard.
Boylan originally was indicted on 34 counts of misconduct or neglect of ship officer — which the initial indictment called seaman’s manslaughter — in 2020, with each carrying a possible prison term of 10 years if he was convicted. Defense lawyers sought to dismiss those charges because they argued the deaths were the result of a single incident and not separate crimes.
Before that issue could be argued in court, prosecutors got a superseding indictment this summer charging Boylan with only one count alleging his negligence caused all 34 deaths. If convicted, he would have faced a maximum of 10 years in prison. But in September, on the third anniversary of the tragedy, U.S. District Judge George Wu said that indictment did not mention gross negligence, which he said was a required element to prove the crime of seaman’s manslaughter.
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