Captain sentenced to 4 years for criminal negligence in fiery deaths of 34 aboard scuba boat

Jerry Boylan, captain of the Conception was sentenced to four years in prison for criminal negligence in a Sept. 2019 blaze that left 34 people dead.

In Los Angeles on Thursday, a federal judge sentenced a scuba dive boat captain to four years in prison and three years of supervised release for criminal negligence, following the death of 34 people in a fire aboard the vessel. The September 2, 2019, incident marked the deadliest maritime disaster in recent US history and prompted various changes to maritime regulations, congressional reforms, and ongoing lawsuits.

A photo collage of the 34 victims of the Sept. 2, 2019 fire abroad the dive boat, Conception.

Captain Jerry Boylan was convicted last year of one count of misconduct or neglect of a ship officer under a pre-Civil War statute known as seaman’s manslaughter. This statute aimed to hold steamboat captains and crew accountable for maritime disasters.

The Sept. 2, 2019, blaze was the deadliest maritime disaster in recent US history, and prompted changes to maritime regulations, congressional reform and several ongoing lawsuits.

During an emotional hearing, family members urged US District Judge George Wu to impose the maximum 10-year sentence on Boylan. Robert Kurtz, father of Alexandra Kurtz, the sole deckhand killed in the tragedy, brought a small container containing her belongings to the lectern, stating, “This is all I have of my daughter.”

Yadira Alvarez, mother of 16-year-old victim Berenice Felipe, expressed her sorrow and anger in court, emphasizing, “He’s not a victim. He is responsible for my daughter not being here. Can you imagine my pain?”

The incident occurred when the boat, named Conception, caught fire off Santa Cruz Island, resulting in the death of 33 passengers and a crew member who were trapped below deck. Boylan was the first to abandon ship, along with four crew members who survived.

Kathleen and Clark Mcllvain, hold up a photo of their son Charlie, who died in the blaze aboard the dive boat, outside the US Federal Building in downtown Los Angeles on May 2, 2024.

Boylan's defense attorney read a statement in court on his behalf, expressing remorse and stating, “I wish I could have brought everyone home safe. I am so sorry.”

Judge Wu considered Boylan's age, health, the unlikelihood of recurrence, and the need for deterrence and punishment in determining the sentence. Despite Boylan's reckless behavior, the judge noted that sentencing guidelines did not warrant a 10-year term, acknowledging, “This is not a situation where the defendant intended to do something bad.”

Family members hold up photos of their loved ones killed during the 2019 fire.

Boylan's appeal is ongoing, and the conclusion of the criminal case shifts attention to ongoing lawsuits, including one filed by Truth Aquatics Inc. under a maritime law provision to limit liability. Susana Solano, who lost three daughters and their father in the tragedy, expressed disappointment after the sentencing, describing the experience as “heart-wrenching.”