U.S. Immigration and Customs Enforcement detained Manuel Ernesto Hernandez-Umana after a capsizing in New York Harbor on Aug. 8 killed a 27-year-old mother and her 5-month-old daughter. Federal prosecutors said he was conducting a paying tour when the boat overturned with 14 people aboard.
The vessel had a maximum allowable capacity of 10, and all 14 people were thrown into the water. Eleven passengers and Hernandez-Umana survived. Emergency responders performed CPR before the mother and infant were taken to a Brooklyn hospital, where both were pronounced dead.
DHS statement on Hernandez-Umana
The Department of Homeland Security said Hernandez-Umana claimed to have illegally entered the United States through Texas in 2007. DHS also said he told a U.S. Customs and Border Protection agent that he was a U.S. citizen in order to enter the country.
In a statement, DHS said, “After an investigation by the Coast Guard Investigative Service (CGIS) confirmed Hernandez-Umana’s unlawful presence in the United States, U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) arrested him,” and added, “Once he faces justice for his crimes, we will make sure that he is swiftly removed from our country.”
Charges after the capsizing
Federal prosecutors charged Hernandez-Umana with two counts of misconduct and neglect of a ship officer resulting in death. Each count carries a maximum sentence of 10 years in prison. The charge structure focuses on the operator’s conduct before and during the voyage, including the gap between the number of people aboard and the vessel’s allowed capacity.
Manuel Hernandez Charged After Statue Of Liberty Boat Capsizing Kills 2 and Manuel Hernandez faces 13 counts after Liberty Island capsizing both track the criminal case that followed the deaths. The boat’s credentials and inspection status were part of the allegations, and prosecutors tied the case to the deaths of the mother and infant after the vessel went over in New York Harbor.
The unanswered point in the case is what caused the boat to capsize on Aug. 8. What is already clear is that the ride ended with two deaths, a federal detention, and charges that could keep Hernandez-Umana in prison for years if a court convicts him on both counts.
