Federal Charges and Immigration Arrest
The pilot of a speedboat that capsized during a tour around the Statue of Liberty, drowning an infant and her mother, has been arrested by U.S. immigration authorities who say he was in the country illegally. Manuel Ernesto Hernandez-Umana, who has a pending federal criminal case in connection with the Aug. 8 crash, lied to a border officer and falsely claimed he was a U.S. citizen when he entered the country in Texas in 2007, the Department of Homeland Security said Wednesday.
Hernandez-Umana, 46, a citizen of El Salvador, is being held at a U.S. Immigration and Customs Enforcement detention facility in Elizabeth, New Jersey, according to online records. Homeland Security Secretary Markwayne Mullin said he will eventually be deported. Immigration authorities arrested him after he was released on bail in his criminal case, where he is charged with causing the deaths of 5-month-old Antonella Garcia and 27-year-old Sara Sanchez through misconduct or neglect.
"Once he faces justice for his crimes, we will make sure that he is swiftly removed from our country," Mullin said in a statement.
The criminal case itself was initiated earlier, as reported by The Guardian. The driver of the speedboat was charged on Monday with causing their deaths through misconduct or neglect. Manuel Hernandez, 46, wiped his eyes with his hand as he arrived for his initial appearance in Manhattan federal court. He was not required to enter a plea and was released on bail.
The Incident and Investigation
Sara Sanchez and her five-month-old daughter, Antonella Garcia, died after the 22-foot Yamaha speedboat overturned late Saturday near the Statue of Liberty. Twelve others were rescued and are in stable condition, authorities said. The vessel was pulled from the water and taken to the New York police department's harbor unit facility on Randall's Island.
According to prosecutors, Hernandez-Umana wasn't licensed by the U.S. Coast Guard, wasn't aware of basic safety rules and told investigators he'd borrowed his friend's personal vessel for the New York Harbor excursion. The boat was illegally chartered and overcrowded, prosecutors said.
According to Coast Guard investigators, Hernandez was piloting a 21-foot Yamaha AR210 with 14 people aboard — well over its 10-person capacity — when it swamped and sank as it made a U-turn in choppy waters. The tour began around 7 p.m. and the vessel capsized more than three hours into its journey.
The infant wasn't wearing a life preserver because the boat didn't have any for small children, prosecutors said. Instead, Hernandez told Sanchez she needed to wear a life vest and hold the infant throughout the hours-long tour, a violation of federal regulations, prosecutors said.
The tour was organized through Zeus Luxury Rental Inc., which advertises its services on social media platforms including Instagram and TikTok. A boat chartered by the company caught fire last year during a birthday cruise on Long Island Sound.
According to his criminal complaint, Hernandez told investigators he had worked for Zeus Luxury on a freelance or contract basis since last year, starting as a limousine driver. He said that twice recently he used his personal boat, a slightly larger Yamaha AR250, but used a friend's boat on Aug. 8 because his needed repairs, according to the complaint. Messages seeking comment were sent to a phone number and email address listed on Zeus Luxury's website; the phone number's voicemail was full, according to an automated recording.
Rescue and Community Response
Capt Doreen McCarthy, the coast guard sector New York commander, credited the rescue of survivors to "heroic, swift actions" by those who responded from various agencies, along with a good Samaritan vessel.
A GoFundMe campaign that began Sunday to help Andres Garcia pay for the funeral and other expenses for his partner, Sanchez, and their daughter had topped $25,000 by Monday afternoon. Antonio Russo, general manager at Il Punto Ristorante, said Garcia is an "amazing guy" who has been working long hours each week as a waiter, driver and food-runner, to provide for his family here and in Colombia.
Diego Naranjo, a neighbor of Sanchez in Queens, said he first met her last spring when her son threw a ball into their back yard. After recovering the ball, Naranjo invited her son to play on a trampoline with his children. "They were really nice people. You can see when a person is noble," Naranjo said. He said he last saw Sanchez last Tuesday as she brought groceries into her home. He said he was shocked by the deaths.
Legal Proceedings and Next Steps
Hernandez, who had been living in Manville, New Jersey, was not required to enter a plea at his initial court appearance in the criminal case on Aug. 10. He is due back in court on Sept. 9. After state charges were lodged against Hernandez over the weekend, prosecutors said on Monday that he will be tried in federal court, not state court.
Hernandez-Umana's lawyer, Amy Gallicchio, declined comment.
This story has been updated to correct that Homeland Security announced the arrest Wednesday, not Monday.