Federal authorities announced Wednesday they will pursue the deportation of Manuel Ernesto Hernandez-Umana, the captain accused of operating an overcrowded and unlicensed boat that capsized in New York Harbor on Aug. 8, killing Sara Sanchez, 27, and her 5-month-old daughter, Antonella Garcia.
Hernandez-Umana, a 46-year-old Salvadoran national, was taken into immigration custody after federal investigators confirmed he was unlawfully present in the U.S., according to the Department of Homeland Security (DHS). He faces two counts of misconduct and neglect of a ship officer resulting in death in U.S. District Court for the Southern District of New York.
Core Facts of the Case
Federal prosecutors allege Hernandez-Umana was operating a Yamaha AR210 that exceeded its maximum capacity of 10 passengers, carrying 14 people at the time of the crash. The vessel lacked required safety certifications, including a Coast Guard Certificate of Inspection, and did not have an infant-sized flotation device for Antonella Garcia. Prosecutors state Hernandez-Umana told investigators he was unaware of the boat’s maximum capacity because it lacked a capacity placard.
Hernandez-Umana was released on $50,000 bail on Aug. 10 following a hearing where he did not enter a plea. His attorney has not responded to requests for comment. DHS confirmed he illegally entered the U.S. in 2007 by falsely claiming U.S. citizenship to a Customs and Border Protection officer.
Safety Violations and Legal Charges
The criminal complaint details multiple alleged violations:
- Operating a vessel without a Merchant Mariner Credential or proper certification.
- Taking paying passengers without a license.
- Failing to provide infant-sized life vests despite parents informing him the boat lacked them.
- Exceeding the vessel’s capacity by 40%, with 14 people aboard.
New York authorities initially charged Hernandez-Umana with 13 counts of reckless endangerment before federal prosecutors assumed jurisdiction. Homeland Security Secretary Markwayne Mullin stated in a release, “Once he faces justice for his crimes, we will make sure that he is swiftly removed from our country.”
Investigation and Timeline
The U.S. Coast Guard Investigative Service led the probe, confirming Hernandez-Umana’s immigration status. Federal officials allege he was using a friend’s boat for tours near the Statue of Liberty while his own vessel underwent repairs. The capsizing occurred near Liberty Island, approximately 1,000 yards from the Statue of Liberty.
Hernandez-Umana’s legal team has not publicly addressed the allegations. The case remains pending in federal court, with no trial date set.