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Captain gets 4 years for negligence in California dive boat fire that killed 34

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Captain gets 4 years for negligence in California dive boat fire that killed 34
  • Jerry Boylan, the captain of a scuba dive boat that caught fire off California’s coast in 2019, killing 34 people, has been sentenced to four years in prison.
  • Boylan was convicted on a single count of misconduct or neglect of ship officer, a pre-Civil War statute designed to hold captains and crew criminally responsible for maritime disasters.
  • “Mr. Boylan lives with significant grief, remorse, and trauma as a result of the deaths of his passengers and crew,” his attorneys wrote in a sentencing memo.

A federal judge on Thursday sentenced a scuba dive boat captain to four years in custody and three years supervised release for criminal negligence after 34 people died in a fire aboard the vessel.

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

Captain Jerry Boylan was found guilty of one count of misconduct or neglect of ship officer last year. The charge is a pre-Civil War statute colloquially known as seaman’s manslaughter. It was designed to hold steamboat captains and crew responsible for maritime disasters.

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Boylan’s appeal is ongoing. He faced up to 10 years behind bars.

The defense had asked the judge to sentence Boylan to a five-year probationary sentence, with three years to be served under house arrest.

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“While the loss of life here is staggering, there can be no dispute that Mr. Boylan did not intend for anyone to die,” his attorneys wrote in a sentencing memo. “Indeed, Mr. Boylan lives with significant grief, remorse, and trauma as a result of the deaths of his passengers and crew.”

The Conception was anchored off Santa Cruz Island, 25 miles south of Santa Barbara, when it caught fire before dawn on the final day of a three-day excursion, sinking less than 100 feet from shore.

Thirty-three passengers and a crew member died, trapped in a bunkroom below deck. Among the dead were the deckhand, who had landed her dream job; an environmental scientist who conducted research in Antarctica; a globe-trotting couple; a Singaporean data scientist; and a family of three sisters, their father and his wife.

Boylan was the first to abandon ship and jump overboard. Four crew members who joined him also survived.

FILE – In this photo provided by the Ventura County Fire Department, VCFD firefighters respond to a fire aboard the Conception dive boat fire in the Santa Barbara Channel off the coast of Southern California on Sept. 2, 2019. A scuba dive boat captain is scheduled to be sentenced by a federal judge Thursday, May 2, 2024, on a conviction of criminal negligence after 34 people died in the fire aboard the vessel nearly five years ago. (Ventura County Fire Department via AP, File)

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Thursday’s sentencing was the final step in a fraught prosecution that’s lasted nearly five years and repeatedly frustrated the victims’ families.

A grand jury in 2020 initially indicted Boylan on 34 counts of seaman’s manslaughter, meaning he could have faced a total of 340 years behind bars. Boylan’s attorneys argued the deaths were the result of a single incident and not separate crimes, so prosecutors got a superseding indictment charging Boylan with only one count.

In 2022, U.S. District Judge George Wu dismissed the superseding indictment, saying it failed to specify that Boylan acted with gross negligence. Prosecutors were then forced to go before a grand jury again.

Although the exact cause of the blaze aboard the Conception remains undetermined, the prosecutors and defense sought to assign blame throughout the 10-day trial last year.

The government said Boylan failed to post the required roving night watch and never properly trained his crew in firefighting. The lack of the roving watch meant the fire was able to spread undetected across the 75-foot boat.

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But Boylan’s attorneys sought to pin blame on Glen Fritzler, who with his wife owns Truth Aquatics Inc., which operated the Conception and two other scuba dive boats, often around the Channel Islands. They argued that Fritzler was responsible for failing to train the crew in firefighting and other safety measures, as well as creating a lax seafaring culture they called “the Fritzler way,” in which no captain who worked for him posted a roving watch.

The Fritzlers have not spoken publicly about the tragedy since an interview with a local TV station a few days after the fire. Their attorneys have never responded to requests for comment from The Associated Press.

With the conclusion of the criminal case, attention now turns to several ongoing lawsuits.

Three days after the fire, Truth Aquatics filed suit under a pre-Civil War provision of maritime law that allows it to limit its liability to the value of the remains of the boat, which was a total loss. The time-tested legal maneuver has been successfully employed by the owners of the Titanic and other vessels, and requires the Fritzlers to show they were not at fault.

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That case is pending, as well as others filed by victims’ families against the Coast Guard for what they allege was lax enforcement of the roving watch requirement.

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Montana

Evacuation orders issued as 5,000-acre wildfire burns near Roundup, Montana

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Evacuation orders issued as 5,000-acre wildfire burns near Roundup, Montana



The Rehder Creek Fire is burning 16 miles southeast of Roundup has grown to about 5,000 acres, prompting evacuation orders for residents in the Bruner Mountain Area/Subdivision.

The fire started Feb. 26, the cause is unknown and containment was at 0%.

Evacuation orders are in effect for all residents in the Bruner Mountain Area/Subdivision. The Musselshell County Sheriff’s Office is coordinating the evacuation orders, and 911 reverse calls have been sent out to advise people in the area.

A shelter is opening at the Roundup Community Center. Residents were told to contact Musselshell County DES for further information.

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Firefighter and public safety remain the top priority. The public is asked to avoid the Fattig Creek and Rehder Road area so emergency personnel can safely and effectively perform their work.

Fire resources assigned to the incident include 40 total personnel, 11 engines, one Type 2 helicopter, three tenders and two dozers.



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Nevada

Mansion on the Nevada Side of Lake Tahoe Swiftly Sells for $46 Million

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Mansion on the Nevada Side of Lake Tahoe Swiftly Sells for  Million


A waterfront mansion on the Nevada side of Lake Tahoe just sold for $46 million, less than three weeks after hitting the market. 

The speedy deal marks a departure from the typical U.S. market.

Nationwide, homes took a median 78 days to land a buyer in January, five more than the same time last year and the 22nd straight month of homes taking longer to sell on a year-over-year basis, according to data from Realtor.com. 

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The lavish log cabin-like residence, in Incline Village, listed on Jan. 24 for $47.5 million. It sold 20 days later, on Feb. 13, listing records show. 

The more than 7,000-square-foot residence was built in 2014, and has double-height living spaces, walls of windows, beamed ceilings, fireplaces, and plenty of rustic exposed stone and wood, listing images show. 

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There’s also a gym, a wet bar, a spa, a wine room, an office, two separate game rooms, seven bedrooms and dramatic Lake Tahoe views. Outside, there’s a private sandy beach, multiple decks, a heated driveway and two exterior fireplaces, according to listing information. 

MORE: Visited by Kings and Larger Than Manhattan, Giant Scottish Estate Asks £67 Million

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The seller and the buyer are both limited liability companies, according to property records. Both parties were represented by Jeff Brown of Tahoe Mountain Realty, who declined to comment on the deal. 

The median home price in Incline Village was $1.595 million as of December, a fall of 3.3% from a year earlier, according to data from Realtor.com. Listings, meanwhile, spent an average of 130 days on the market. 



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New Mexico

Santa Fe cracks down on illicit massage parlors as New Mexico legislation fails

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Santa Fe cracks down on illicit massage parlors as New Mexico legislation fails


Santa Fe police received a report in September about a man’s visit to a massage business on Rosina Street, where workers offered more than he had bargained for.

He gave officers a list of sexual acts he alleged he had been offered for a price at Korea Spa, police wrote in a report.

The man told police “he has nothing against prostitution but believes it shouldn’t be near a school,” officers wrote, noting the business sits across the street from Salazar Elementary School, just a block from the busy intersection of Cerrillos Road and St. Michael’s Drive.

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Good Luck Body Massage, at 360 E. Palace Ave., is one of several massage businesses the city has shut down amid concerns about suspected illicit activities.

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‘Whack-a-mole’ situation







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Yang Yang Massage/Pony Massage at 1225 S. St. Francis Drive, Unit E shut down after the Santa Fe City Council Finance Committee approved a cease-and-desist order.

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Reports to police rare

The failed state effort



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