LOS ANGELES — A federal judge heard arguments Thursday over whether a boat captain should pay restitution to the families of 34 people killed in a California scuba dive boat fire in 2019, with prosecutors seeking reimbursement for funeral expenses and more.
Jerry Boylan, the captain of the Conception, was convicted last year of one count of misconduct or neglect of ship officer following a 10-day trial in federal court in downtown Los Angeles. The charge was a pre-Civil War statute colloquially known as seaman's manslaughter that was designed to hold steamboat captains and crew responsible for maritime disasters.
Boylan, who was sentenced to four years in prison and three years of supervised release, was also ordered to pay restitution for what was the deadliest maritime disaster in recent U.S. history.
During a hearing Thursday in Los Angeles federal court, however, his attorney attempted to argue that restitution should not be paid because it had not been established that the loss of life was a direct result of Boylan's actions the night of the fire.
Federal judge George Wu disagreed, saying it was ''clearly shown that the defendant did not meet the safety regulation'' of having an overnight roving patrol that could have caught the fire, a fact that was already established during Boylan's criminal trial.
Boylan's attorney, Gabriela Rivera, also argued that only specific expenses such as funeral costs should be eligible for restitution and should have documentation such as an invoice. She added that Boylan had no significant assets and would not be able to pay restitution, saying he is living off Social Security payments and has a negative cash flow from his bank account.