Damian Williams, the United States Attorney for the Southern District of New York, and Rear Admiral John Mauger, Commander of the First Coast Guard District, announced the arrests of RICHARD CRUZ and JAIME PINILLA GOMEZ for causing the death of a seven-year-old boy and a 48-year-old woman after the vessel CRUZ and GOMEZ were operating in the Hudson River capsized. The two passengers drowned after being trapped underneath the vessel. CRUZ and GOMEZ were arrested in Elizabeth, New Jersey, and was be presented before U.S. Magistrate Judge Ona T. Wang.
U.S. Attorney Damian Williams said: “Federal regulations and safety protocols exist to ensure that captains and operators of commercial vessels keep passengers safe. The defendants allegedly flouted those regulations, recklessly disregarded safety protocols, operated the vessel at an unsafe speed in hazardous conditions, and overloaded the vessel with too many passengers onboard. And the result was tragic — a young boy and a woman were trapped under the vessel and drowned after the vessel capsized.”
Rear Admiral John Mauger said: “This case demonstrates the deadly consequences of illegal passenger operations. Our thoughts are with the families of the victims today. Through this complaint, the Coast Guard and our partners from the U.S. Attorney’s Office affirm our steadfast commitment to preventing similar tragedies by investigating and holding violators accountable. We urge the public to assist in this detection and deterrence by notifying the Coast Guard of vessel owner and operators suspected of engaging in illegal passenger operations at the following email address: CGIS TIPS at https://www.p3tips.com/878.
According to the allegations contained in the Complaint:[1]
On or about July 12, 2022, at approximately 2:40 p.m., the motor vessel Stimulus Money capsized in the Hudson River resulting in the death of two passengers — a seven-year-old boy (“Victim-1”) and a 48-year-old woman (“Victim-2”). At the time of the capsizing, RICHARD CRUZ was the owner and captain of the vessel and JAIME PINILLA GOMEZ was the pilot of the vessel. CRUZ had purchased the vessel approximately three months before the capsizing. CRUZ and GOMEZ conducted boat “tours” for paying customers onboard the vessel on multiple occasions in the months leading up to the capsizing, although they did not have the required United States Coast Guard (“USCG”) credentials and certifications to do so.
CRUZ’s and GOMEZ’s negligent actions and omissions caused the capsizing and the deaths of Victim-1 and Victim-2. At the time of the capsizing, among other things: (i) CRUZ and GOMEZ operated Stimulus Money with 13 people on board, exceeding the vessel’s maximum allowable capacity; (ii) CRUZ and GOMEZ operated Stimulus Money at a high rate of speed during a Small Craft Advisory in high winds and heavy seas; (iii) neither CRUZ nor GOMEZ had obtained a required USCG certification to operate the vessel with paying customers on board; (iv) CRUZ and GOMEZ operated Stimulus Money without a valid USCG Certificate of Inspection, which is required for a vessel to operate with paying customers on board; (v) GOMEZ, an insufficiently experienced mariner, piloted Stimulus Money in a dangerous manner, including by rapidly accelerating one engine of the vessel immediately before the capsizing, which contributed to the overturning of the vessel; and (vi) GOMEZ, at the time of the capsizing, failed to properly wear a safety device that should be worn around the pilot’s wrist or life vest, which contributed to the vessel’s engine continuing to operate even after GOMEZ shifted from the helm console (at which the vessel was operated).
All 13 people on board Stimulus Money were thrown overboard during the capsizing. Shortly after the capsizing, boats from the New York City Police Department’s (“NYPD”) Harbor Unit and the New York City Fire Department’s (“FDNY”) Dive Rescue Team, and ferries operating nearby, arrived at the scene of the capsizing to render emergency assistance. 10 passengers and GOMEZ were recovered conscious and in varying medical conditions. They were subsequently transferred to hospitals in Manhattan and survived the capsizing. Approximately 25 minutes after the capsizing, members of the FDNY Dive Rescue Team recovered Victim-1 and Victim-2 from the Hudson River. They were trapped underneath the capsized vessel and found unconscious. Emergency medical personnel subsequently pronounced Victim-1 and Victim-2 deceased. The cause of death was drowning. Photos of the capsized boat are below:
Please report any illegal passenger charters to the USCG at https://www.p3tips.com/878
CRUZ, 32, and GOMEZ, 25, both of Elizabeth, New Jersey, are each charged with one count of misconduct and neglect of a ship officer resulting in death, which carries a maximum sentence of 10 years in prison.
The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendants will be determined by a judge.
Mr. Williams praised the outstanding investigative work of the USCG Investigative Service and the Special Agents and NYPD Detectives assigned to the U.S. Attorney’s Office for the Southern District of New York.
This case is being handled by the Office’s General Crimes Unit. Assistant U.S. Attorney Jeffrey W. Coyle is in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth herein constitute only allegations, and every fact described should be treated as an allegation.
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