Captain jailed for jumping overboard during fire, leaving 34 people trapped to die below deck

The captain of a California dive boat who jumped overboard rather than putting out a fire that killed 34 people has been jailed.

Jerry Boylan was sentenced to four years in prison for criminal negligence for his response after a fire broke out on The Conception in September 2019, killing 33 passengers and crew trapped below deck.

It was one of the nation’s deadliest maritime disasters in years and led to an overhaul of laws and reform in Congress. Several trials are still ongoing.

Relatives of the victims denounced the sentence, saying he should have received the maximum 10 years allowed.

Robert Kurtz, father of the only sailor killed, Alexandra Kurtz, held a small container with him as he addressed the court. “That’s all I have of my daughter,” he said.

After the sentencing, Susana Solano, who lost three of her daughters and their father on the boat, said she was “extremely disappointed”. She said: “It’s just heartbreaking. »

Boylan, 70, was convicted under a pre-Civil War law colloquially known as “seaman’s manslaughter.” It was designed to hold steamboat captains and crews responsible for maritime disasters.

His lawyers had argued that the real blame lay with Glen Fritzler, who with his wife owns Truth Aquatics Inc., which operated The Conception and two other scuba diving boats. They alleged that Mr. Fritzler was responsible for failing to train the crew in firefighting and other safety measures.

But this argument was rejected by the court.

The couple has not commented publicly on the fire since an interview with a local television station a few days later. Their lawyers did not respond to reporters’ requests for comment.

Although investigators never found the cause of the fire, which broke out early in the night, speculation swirled that it was started by overheated lithium-ion batteries.

Reports based on an investigation disclosed by the Bureau of Alcohol, Tobacco, Firearms and Explosives suggest the incident began in a plastic trash can located on the main deck and then spread quickly. The fire blocked exits for those under the bridge.
A total of 39 people – 33 passengers and six crew members – were on board the ship. Surviving crew members told the National Transportation Safety Board that the boat’s smoke detectors did not go off.

During the hearing, Boylan’s attorney read a statement expressing his condolences and saying he had cried every day since the fire.

“I wish I could have brought everyone home safe and sound,” the statement said. “I’m so sorry.”

Federal Judge George Wu said that when deciding the length of the sentence, he took into account Boylan’s age, his health and the unlikelihood of reoffending.

He said that although Boylan’s behavior was reckless, the sentencing guidelines did not warrant a 10-year sentence.

“This is not a situation where the accused intended to do anything wrong,” he added.

Boylan is appealing the conviction and is currently free on bail.