The captain of a dive boat that caught fire off the coast of Southern California in 2019, killing all 33 of its passengers and a crew member, was sentenced Thursday to four years in prison after a lengthy hearing that included emotional testimony from relatives of the victims.
A federal jury in November found the captain, Jerry Nehl Boylan, guilty of misconduct or neglect of ship officer, a crime also known as “seaman’s manslaughter.”
Boylan, 70, of Santa Barbara, California, was the captain of the Conception, a commercial scuba diving vessel, when a fire broke out in the early hours of Sept. 2, 2019, while the ship was anchored near Santa Cruz Island, according to prosecutors.
Boylan and four other crew members were able to escape the fire, but the 33 passengers, who were sleeping below deck, died, prosecutors said. One crew member also was killed. Prosecutors said Boylan failed to try to save them.
U.S. District Judge George H. Wu of the Central District of California sentenced Boylan to four years in prison at a hearing in Los Angeles on Thursday. When he delivered the sentence, Wu said he had considered Boylan’s age and health issues, including chronic back pain and high blood pressure, describing it as “one of the most difficult” sentences he has had to determine.
Boylan could also be ordered to pay restitution. Wu scheduled a hearing for July 11 to discuss an amount.
Before he was sentenced Thursday, lawyers for Boylan said that he was sleeping when the fire broke out and that the ship was not running. Wu said that even though he was sleeping and the ship was docked, the ship was still under his command.
The judge on Thursday heard from 17 people whose loved ones died in the fire. Many delivered their comments through tears.
Boylan did not address the court. In a brief statement read aloud by one of his lawyers, he said that he had cried almost every day since the fire.
“I failed,” he said in the statement. “I am so sorry.”
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