Conception Captain Found Guilty

The captain of the Santa Barbara-based scuba dive boat that caught fire and sank four years ago was found guilty of "seaman's manslaughter" on Monday, November 6. The Conception was 100 feet offshore of Santa Cruz Island when it sank on Labor Day in 2019, resulting in the deaths of 33 passengers and one crewmember, the deadliest maritime disaster in recent U.S. history.

Captain Jerry Nehl Boylan, 69, was found guilty of one count of misconduct or neglect of a ship officer, commonly called "seaman's manslaughter," a crime punishable by up to 10 years in prison. He is the only person to face criminal charges in connection to the tragedy, which led to changes in maritime regulations, congressional reform, and multiple ongoing civil lawsuits.

During a Labor Day weekend dive trip, a fire of unknown origin broke out on the 75-foot, wood-and-fiberglass passenger vessel while anchored in Platt's Harbor in the early morning of September 2. As the fire engulfed the boat, five crewmembers, including Boylan, abandoned ship and survived. Boylan himself was the first to jump overboard.

United States Attorney Martin Estrada described Boylan's behavior on that fateful day as "unpardonable cowardice. . . .As the jury found, this tragedy could have been avoided had Mr. Boylan simply performed the duties he was entrusted to carry out," Estrada said after the hearing.

Prosecutors relentlessly hammered Boylan for failing to train his crew in basic safety procedures and protocol and failure to post a crew member on night watch. According to other media reports, prosecutors noted that when the fire broke out, one crew member twice passed by a 50-foot fire hose.

Boylan's defense attorneys with the federal Public Defender's office argued that the hose was unusable because it was on fire. They acknowledged he jumped overboard, but at the time, they insisted, the ship was fully engulfed, and there was nothing he could have done. Boylan, it should be noted, climbed back on board after jumping off in an effort to help rescue the crew.

They argued that to the extent anyone was culpable, it was the ship's owner, Glen Fritzler, for whom Boylan worked for 30 years. Boylan's attorneys argued Fritzler was responsible for failing to enact certain safety measures and train the crew in firefighting, the Associated Press reported. Fritzler and his wife also own Truth Aquatics Inc., which operated the Conception and two other boats around the Channel Islands. Boylan's attorneys argued that none of Fritzler's boats posted look-out crew at night, no overnight watch. This, they said, was "the Fritzler way."

Federal prosecutors mocked this defense, dismissing it as "blaming your boss." To date, no criminal charges have been filed against Fritzler, who has availed himself of an obscure wrinkle in federal maritime law that limits boat owners' civil liability for maritime accidents to the boat's value. In this case, the boat -- having been destroyed -- is worth nothing.

Fritzler had a $2 million insurance policy on the boat, so presumably, the victims' relatives could tap into that. But given the wholesale loss of life involved, that would be a pittance. In response to the Conception tragedy, Congressmember Salud Carbajal passed two pieces of legislation to amend federal maritime law, one to update safety standards for small passenger vessels and the other to make boat owners in the future liable for civil damages even if their boats are totaled.

In the end, the jury found that Boylan failed to ensure the safety and security of the vessel, its passengers, and its crew. He failed to have a night watch or roving patrol; failed to conduct sufficient fire drills and crew training; and failed to provide firefighting instructions or directions to crewmembers after the fire started, alongside neglecting several other duties, the jury found.

Boylan will face sentencing on February 8. For now, he is free on a $75,000 bond.

This is an edited version of an article by Callie Fausey and Nick Welsh that appeared in The Santa Barbara Independent on November 7.