Families of the victims have endured a four-year wait for justice, exacerbated by a judge’s ruling to avoid using the term “victims” in the trial.
After a tragic scuba dive boat fire off the Southern California coast claimed 34 lives in 2019, the federal trial for the vessel’s captain, Jerry Boylan, is commencing in Los Angeles
Kathleen McIlvain, whose son Charles was among those lost, described the years as an unending nightmare. The Conception, a 75-foot boat, caught fire on September 2, 2019, near the Channel Islands. The National Transportation Safety Board attributed the disaster to Jerry Boylan’s failure to assign a night watchman, allowing the fire to spread swiftly. Among the passengers were a new deckhand, an Antarctic scientist, a globe-trotting couple, a data scientist from Singapore, three sisters, their father, and his wife.
U.S. District Judge George Wu granted Jerry Boylan’s request to avoid the term “victims,” considering it prejudicial. Initially indicted on 34 counts, Jerry Boylan now faces one charge of misconduct or neglect of a ship officer, carrying a maximum sentence of 10 years.
The cause of the fire remains unknown, but investigators believe some victims were awake and attempting to escape
Blocked exits led to smoke inhalation as the primary cause of death. The Coast Guard, criticized by the NTSB, has since implemented new regulations, though a comprehensive safety management system is pending.
Families, united as “Advocacy34,” continue their pursuit of stricter boating regulations. Ongoing civil suits include actions against the Coast Guard. The owners of the Conception, Glen, and Dana Fritzler, have filed a lawsuit using a pre-Civil War provision to limit their liability, a tactic employed by owners of historical maritime disasters. Federal lawmakers have amended the Limitation of Liability Act of 1851, ensuring owners can be held responsible for damages, but this change will not apply retroactively to the Conception case.
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