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

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  • 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.

MAGNITUDE 4.1 EARTHQUAKE RATTLES CALIFORNIA’S INLAND EMPIRE

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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New Mexico

New Mexico primary election: Berghmans aims to unseat Ivey-Soto

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New Mexico primary election: Berghmans aims to unseat Ivey-Soto


One of the biggest showdowns is in northeast Albuquerque, where Democrat Heather Berghmans is running to unseat Democratic state Sen. Daniel Ivey-Soto.

ALBUQUERQUE, N.M. — Political candidates are gearing up for next Tuesday’s primary election.

One of the biggest showdowns is in northeast Albuquerque, where Democrat Heather Berghmans is running to unseat Democratic state Sen. Daniel Ivey-Soto. The Senate District 15 race is easily one of the nosiest this year, as an accomplished state senator with a history of controversial behavior tries to hang onto his seat.

Ivey-Soto was first elected into the Roundhouse over a decade ago, and he’s helped craft dozens of new laws in New Mexico. However, he’s also faced numerous sexual harassment allegations and that’s playing a role in his competitor’s campaign.

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Berghmans is no stranger to the Roundhouse or the allegations of what happens inside.

“What I’ve heard from the community is that they want a leader that can work well in the Roundhouse to get, to find solutions to these problems and not be a distraction,” Berghmans said.

Berghmans is focused on issues like homelessness and public safety, but her campaign website challenges Ivey-Soto, saying he “has been credibly accused by multiple women of sexual harassment and other forms of abuse over the last two years.”

“It’s important for me to let voters know how he conducts himself in the Roundhouse,” she said.

In 2022, multiple women accused Ivey-Soto of sexual harassment and aggression. That list includes a current state lawmaker, a former lobbyist, and gun violence prevention advocate Mirando Viscoli.

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“He, between two doors in a building where there are no cameras, yelled and screamed at me and violently pointed his finger at my face, in my face,” Viscoli said. “It was one of the worst moments of my life.”

Ivey-Soto denies the allegations, but he did step down as chair of the Senate Rules Committee after a leaked report revealed there was probable cause he violated anti-harassment rules.

“I do believe that actually, that initial investigation should not be done by the Legislature,” Ivey-Soto said. “Because I think the public naturally is going to be suspicious either way.”

The New Mexico State Ethics Commission dismissed a similar ethics complaint against Ivey-Soto last year. The senator says revisiting the allegations is a distraction from accomplishments, like a new pretrial detention bill.

“It’s been pretty stressful,” Ivey-Soto said. “You know, we’ve been really wanting to talk about the issues, talk about a lot of the bills that I’ve been working on, the policy issues that I’ve been passing, and the things that I’ve been doing in the district.”

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Ivey-Soto pointed out that several of his fellow state senators have donated to his reelection campaign, and one even appeared in his campaign ad extending their support. However, Viscoli argues that should not excuse the numerous accusations of bad behavior.

Whoever wins the primary will likely face Republican Craig Degenhardt in the general election this November.



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Oregon

Dead humpback whale washes ashore on Oregon coast – KTVZ

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Dead humpback whale washes ashore on Oregon coast – KTVZ


MANZANITA, Ore. (KTVZ) – A dead humpback whale washed ashore Monday morning at Nehalem State Park near Manzanita, the Oregon Parks and Recreation Department confirmed.

The National Oceanic and Atmospheric Administration (NOAA) is working to determine the cause of death, but results may not be available for a week, OPRD said.

The whale washed ashore about a mile north of the north Nehalem jetty, near a management area for the western snowy plover, the agency said. Oregon’s beaches are protected nesting grounds for the small shorebird, meaning no access is allowed to the beach from the dry sand area, where signs are posted and pets are not allowed.

OPRD advised beachgoers to watch for special signs or fences during nesting season, March 15-Sept. 15, and to follow the rules to help protect snowy plovers.

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There have been multiple dead whales that have beached along the Oregon coast in the past year-and-a-half, KGW reported. In February, a young fin whale washed up on Sunset Beach in Warrenton, near Astoria. In January 2023, three dead whales washed up on the Oregon coast within a span of a week; two of them were gray whales, the other was a 40-foot sperm whale.  



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Utah

Martha Hughes Cannon statue headed to US Capitol

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Martha Hughes Cannon statue headed to US Capitol


SALT LAKE CITY — An iconic statue of Martha Hughes Cannon will soon leave Utah.

Cannon, who lived from 1857 to 1932, was Utah’s first female state senator and a pioneer in women gaining the right to vote. Her statute, currently sitting on the 3rd floor of the Utah Capitol, outside the old Supreme Court Chambers, will soon be on its way to Washington D.C. to take its place in the U.S. Capitol after a long Covid delay.

Per federal law, each state has two statues placed in the National Statuary Hall to represent it. In 2018 Utah passed a law to send Cannon’s statue to replace Philo Farnsworth and stand alongside Brigham Young. Farnsworth was the inventor of electronic television, his statue will now head to Utah Valley University.

“We want Utah’s women’s suffrage history to be acknowledged nationwide,” said Lt. Gov Deidre Henderson, who was instrumental in the legislation passed when she was a state senator.

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Utah’s Congressman, Blake Moore also acknowledged the importance of Martha’s statue coming to D.C.

“[It’s a] pretty neat experience. Utah has a very rich history with the suffrage movement from Sarah Young again to Martha Hughes Cannon. That’s something that we need to celebrate,” Moore said.

Henderson and Moore say women in America have the right to vote because of women like Cannon, who was a leading voice to challenge the status quo. In 1896, Cannon beat out her husband to be elected to the state senate seat.

“(She was) a woman who, once she helped other women earn a voice in their state government, she showed them how to be a representative in their state government,” Henderson said.

She hopes that when Cannon’s statue is placed where the nation will see, it will continue to serve as the blueprint for American women.

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“Utah women were far ahead of their time in terms of equality, in terms of voting rights, in terms of education, access…And that’s a fact that’s often overlooked and missed out on in the rest of the country today. And it’s time that we reclaim our history,” she said.

The statue will travel by truck to D.C. There will be a public send-off party at the Capitol on June 5 from 5 to 8 p.m. that the public is invited to attend. There will be live music, food from local food trucks, and activities for children and families.



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