Manuel Hernandez, 46, of Manville, New Jersey, had run illegal boat tours at least three times—possibly more—before Saturday night's capsizing in New York Harbor claimed the life of Sara Sanchez, 27, and her five-month-old daughter, Antonella Garcia. Yet the unlicensed operator continued with apparent impunity, raising questions about enforcement gaps in maritime safety regulations.
Federal prosecutors charged Hernandez Monday with two counts of misconduct and neglect of a ship officer resulting in death, each carrying a maximum 10-year sentence.
According to the federal complaint filed in U.S. District Court, Hernandez told Coast Guard Investigative Service agents after his arrest that he had piloted at least two previous paid excursions for the same tour operator using his own vessel. He acknowledged lacking both a Merchant Mariner Credential and a Coast Guard Certificate of Inspection. He stated he'd been paid approximately $1,000 per trip.
The tour operator was advertising boat charters online for up to 12 people at $1,200 per four-hour excursion, according to documents obtained by federal prosecutors.
When Hernandez arrived Saturday night to find his primary vessel needed mechanical repairs, he borrowed a smaller boat from a friend—a Yamaha AR210—without apparently checking its actual maximum capacity. The boat was rated for 10 people maximum. Hernandez loaded 14 aboard.
Before departure, Hernandez asked the baby's parents whether they possessed an infant-sized flotation device. When they said no, Hernandez allegedly replied that the boat didn't have one either. According to prosecutors, he proceeded with the tour anyway, instructing one parent to wear a life vest and hold the five-month-old throughout the journey.
About three hours and 20 minutes into the excursion, as the vessel approached the Statue of Liberty, Hernandez made a sharp U-turn directly into a swell, possibly from the wake of a larger passing vessel. Rather than navigate through it cautiously, he allegedly accelerated. The bow swamped and the vessel capsized immediately.
All 14 people were thrown into New York Harbor. Eleven passengers and Hernandez survived. Sara Sanchez and Antonella Garcia were recovered unresponsive and pronounced dead at Brooklyn Hospital.
U.S. Attorney Jamie McDonald stated in charging documents: "The defendant allegedly flouted those regulations when he transported paying customers on a commercial vessel without appropriate licenses, overcrowded the vessel, and took on a five-month-old infant passenger, with no infant life vests onboard."
The public record suggests the tour company was advertising openly on social media, raising questions about why regulatory enforcement did not stop the illegal operations before the fatal trip.
Sara Sanchez left behind not only her five-month-old daughter but also a six-year-old son, Salvador. Her partner, Andres Garcia, survived the capsizing.
Hernandez remains in federal custody pending trial. The investigation into the tour operator itself—how long it operated, how many trips it facilitated and whether other unlicensed pilots were involved—has not been made public.
