New Jersey Man Pleads Guilty To Causing The Death Of A Seven-Year-Old Boy And A 48-Year-Old Woman In Hudson River Boat Capsizing

 

Damian Williams, the United States Attorney for the Southern District of New York, announced today that RICHARD CRUZ pled guilty to misconduct and neglect of a ship officer resulting in death, in connection with the deaths of a seven-year-old boy and a 48-year-old woman after the motor vessel Stimulus Money capsized in the Hudson River in July 2022.  CRUZ pled guilty before United States District Judge Katherine Polk Failla, who will sentence CRUZ on January 25, 2025, at 3:30 p.m. 

U.S. Attorney Damian Williams said: “Richard Cruz admitted today that his misconduct and negligent actions caused the tragic deaths of a young boy and a woman when Cruz’s vessel capsized in the Hudson River. This prosecution should send a message to all captains and operators of commercial vessels that there will be consequences when they fail to follow the federal regulations and safety protocols that exist to keep passengers safe.” 

According to the allegations contained in the Complaint, Information, and statements made in court:

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.  CRUZ had purchased the vessel approximately three months before the capsizing.  CRUZ conducted boat “tours” for paying customers onboard the vessel on multiple occasions in the months leading up to the capsizing, despite not having the required United States Coast Guard (“USCG”) credentials and certifications to do so.

CRUZ’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 operated Stimulus Money with 13 people on board, exceeding the vessel’s maximum allowable capacity; (ii) CRUZ operated Stimulus Money at a high rate of speed even though an advisory had been issued to alert small watercraft of hazardous conditions, including high winds and heavy seas; (iii)  CRUZ had not obtained a required USCG certification to operate the vessel with paying customers on board; and (iv) CRUZ operated Stimulus Money without a valid USCG Certificate of Inspection, which is required for a vessel to operate with paying customers on board.

All 13 people on board Stimulus Money were thrown overboard when it capsized in the Hudson River.  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.  All but two passengers 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.

Please report any illegal passenger charters to the USCG at https://www.p3tips.com/878.

CRUZ, 32, of Elizabeth, New Jersey, pled guilty to 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.