LOS ANGELES COUNTY, Calif. — Court documents say criminal charges are imminent in the investigation of the fire that killed 34 people aboard the scuba boat Conception last year off the coast of Southern California, the Associated Press reported Tuesday.
The 75-foot commercial diving vessel was anchored in Platts Harbor off Santa Cruz Island when it caught fire in the early morning hours last Sept. 2, killing one crew member and all 33 passengers. Only five people, all crew members, were able to escape the inferno.
Filings last week in a Los Angeles federal court say prosecutors met with the boat's captain to reveal the evidence they have against him. Lawyers say those meetings are often held to persuade a suspect to plead guilty.
Capt. Jerry Boylan, who survived along with the four crew members, could face manslaughter charges.
Boylan made a mayday call at 3:14 a.m. saying, “I can’t breathe,” before abandoning ship.
All six crew members were asleep when the fire broke out, according to the National Transportation Safety Board. If that’s the case, it would violate Coast Guard regulations requiring a roving watch, the AP reported.
A lawyer for Boylan and federal prosecutors declined to comment.
Also on Tuesday, the National Transportation Safety Board announced it will hold an Oct. 20 meeting on the agency's investigation of the fire
The NTSB's five-member board will vote on the agency's findings, probable cause and recommendations, as well as any changes to the draft final report.
In keeping with established social distancing guidelines to prevent the spread of the coronavirus, the board meeting will be webcast to the public, with the board members and investigative staff meeting virtually.
Lawsuits filed by victims' families allege that the 41-year-old Conception was in blatant violation of numerous Coast Guard regulations, including failing to maintain an overnight "roving" safety watch and failure to provide a safe means for storing and charging lithium-ion batteries, and that the below-decks passenger accommodations lacked emergency exits.
Just days after the fire, the owner of the boat, Truth Aquatics Inc., pre-emptively filed a lawsuit under a pre-Civil War provision of maritime law to try and protect it from potentially costly payouts to families of the dead, a move condemned by some observers as disrespectful and callous.
At the time, the company said in a statement that the litigation is an "unfortunate side of these tragedies" and pinned the action on insurance companies and other so-called stakeholders.
"This wouldn't be something that we as a family would even consider," the company said. "The timing is on them. Our hearts and minds are on the tragedy and finding answers."
