Edhat Staff
In a recent ruling, a federal judge has allowed Jerry Boylan, the captain of the Conception scuba boat which was involved in a fire in 2019 off the Santa Barbara Coast that killed 34 passengers, to remain out on bail while his appeal is pending.
Boylan was facing a four-year prison sentence for involuntary seaman’s manslaughter and was ordered to surrender to the Bureau of Prisons by August 8.
During the hearing on July 29, Boylan’s public defender, Gabriela Rivera, contended that the jury in the case had been misinformed about the legal standards for “causality.”
Rivera argued that the jury needed clarification on “but-for” causation – implying that had Boylan assigned a mandatory night roving watch on the boat, the tragic deaths might have been prevented.
Despite the accusation, Rivera argued that the rapid spread of the fire, while passengers were asleep below deck, would likely have rendered any intervention by a watch person ineffectual in preventing the calamity.
Acknowledging the points raised in the appeal, along with Boylan’s low likelihood of fleeing and posing danger to the community, Judge George Wu decided that Boylan could stay out on bail.
The last hearing on July 11 also brought up the issue of restitution to the victims’ families, though the recent July 29 session did not address or determine any specific restitution amounts. Further proceedings are expected as appellate courts review the intricacies of the case.
I can only imagine this guy has been living a personal hell every day knowing how those people died.
It’s a tough one. It’s not as if he will repeat the crime if he isn’t in jail, so he doesn’t present a threat to other people–no way he will ever run a boat again so the idea of “correcting” behavior is not at play here. Putting him in jail is basically a form of retribution or revenge that won’t bring any of the victims back.
I don’t know that putting him prison would be a deterrent to others who are slack in their procedures but it might, and that’s enough.
And if any of the family members want that and believe they benefit from it or find peace–then fine, put him away.
I was out there when that happened, in an anchorage not far away, I was very saddened that I couldn’t help, but I don’t know that anyone could have without a full firefighting boat.
Yeah, not sure that a prison sentence will do much for public safety or for deterrence. This guy’s career is over and he’ll never be the same. Justice can be difficult sometimes. The families deserve something for their loss, but will him serving a prison sentence be it?
Also, it’s an interesting point made by the PD in the appeal. But for causation can be tricky for jurors despite it seeming so straightforward. I wonder why this wasn’t raised during the trial? If having a night watch on duty would not have prevented the tragic deaths due to the intensity of the fire, then that’s a very important thing for the jury to consider.
Probably so. After all, their safety was his responsibility, ultimately. That’s the Captain’s role.
R.I.P. to 34 Souls aboard the Conception.
The picture of the burnt hull should be next to the before.