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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.
“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)
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.
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.
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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Each week at Last Rites, a Duboce Triangle establishment known for its immersive atmosphere, fans gather for a watch party of the long-running reality television series “Survivor.”
San Francisco resident Kiram Maledi has been a regular since discovering the event with friends.
“We live really close by,” Maledi said. “And my good friend Emily, who turned us on to ‘Survivor,’ found out that Last Rites hosts ‘Survivor’ night. We got super into watching ‘Survivor’ in the past couple years, and the thought of an outing in our neighborhood where we get to participate in community while also indulging in this awesome season is pretty fun.”
“Survivor,” one of the longest-running reality shows in television history, is now in its 50th season on CBS.
For Maledi, appreciation for the series came later in life.
“I’m a fan of the show because I never thought I’d be into reality TV, and I’m pleasantly surprised,” he said. “It’s a good practice of self to challenge myself for what I think I like. The challenges are super fun to watch. It’s cool to watch and be like, ‘How bad would I be at that?’ And for me to watch the social game and be like, ‘Oh, I would be crushed by that, I would really struggle.’ So to kind of role play like, how would these people do it, how would I do it, and oftentimes just get surprised and into it.”
The bar’s carefully crafted environment adds to the experience. With jungle-inspired decor, layered sound design and even scent elements, the space is designed to evoke a tropical destination, echoing the setting of the show itself.
Screens positioned throughout the bar ensure the episode is visible from nearly every angle.
“This is such a well-crafted space,” Maledi said. “The decorations, sound design — it even smells like what I think a tropical destination bar would smell like. I guess it is that. Drinks are super fantastic. I didn’t even know there was a second side of the menu.”
At Last Rites, the weekly gathering goes beyond simply watching a television show. For fans, it’s an immersive experience, one that brings them closer to the world of “Survivor,” and to each other.
The Waterford RiNo building at 2797 Wewatta Way was given to a lender in 2025. (BusinessDen file)
Denver’s apartment market is facing headwinds.
BusinessDen scoured county foreclosure records, third-party reports and court filings to determine the area’s apartment buildings that have exhibited signs of financial distress in recent months.
The list below is not necessarily comprehensive, but will be updated when we have more information, or when a particular property’s situation changes.
Foreclosed
2617-2667 W. Evans Ave., Denver
Loan: $14 million
Former owner: JTA1 Real Properties LLC AND JTA4 Real Properties LLC
Unit count: 125
456 S. Ironton St., Aurora
Loan: $25.54
Former owner: HL Lofts LLC/Summit Communities
Unit count: 112
Deed-in-lieu of foreclosure
2797 Wewatta Way, Denver
Loan: $91 million
Former owner: SRGMF III Wewatta Way Denver LLC/Sares Regis Group
Unit count: 301
Foreclosure initiated
1259 Newton St., Denver
Loan: $12.65 million
Owner: AVP Newton Venture LLC/Armada Venture Partners
4510 W. Saint Clair Place, Adams County
Loan: $6.35 million
Owner: 4510 Saint Clair Apartments LLC
2038 South Vaughn Way, Aurora
Loan: $57.15 million
Owner: Arboreta Apts LLC/Summit Communities
Unit count: 268
1433, 1451 and 1463 Macon St., Aurora
Loan: $2.98 million
Owner: West Macon Street LLC
In receivership, not in foreclosure
10101 Washington St., Thornton
Loan: $17.5 million
Owner: Meadows at Town Center LLC/Summit Communities
Units: 104
7500 Dakin St., Adams County
Loan: $49.5 million
Owner: Boulder CR Apts LLC/Summit Communities
Units: 322
Bankrupt
1592 Boston St., Aurora
Loan: $3 million
Owner: 1592 Boston Street LLC/Shaul Gabbay
Unit count: 32
1960 Dallas St., Aurora
Loan: $4.8 million
Owner: 1960 Dallas Street LLC/Shaul Gabbay
Unit count: 32
The Seattle Mariners have two notable players on the injured list that are nearing their returns.
Mariners’ Matt Brash details side issue, doesn’t think it’s serious
Here’s a quick look at what we know about the statuses of third baseman Brendan Donovan and Bryce Miller.
Brendan Donovan
Donovan has been out of action with a left groin strain since April 18, but could be just days away from getting back in the Mariners’ lineup. The 29-year-old All-Star has reached the minimum amount for a stay on the 10-day injured list.
“The progression has gone as hoped, and he’s taken swings. I think he looks like he’s on pace to be back during the homestand at some point,” Mariners manager Dan Wilson said Tuesday.
Donovan was the Mariners’ key offseason acquisition, landing in Seattle from the St. Louis Cardinals in a three-team trade that also involved the Tampa Bay Rays.
Donovan underwent sports hernia surgery in October and had a few periods where he missed games in April due to injury or illness.
When Donovan has been on the field, he’s been Seattle’s primary leadoff hitter against right-handed pitching and among the team’s best offensive producers. He has a .304/.437/.518 slash line for a .954 OPS with three home runs in 18 games this year.
Bryce Miller
Still working his way back after oblique inflammation derailed his spring training, Miller is expected to make the third start of his minor league rehab assignment Friday in the Triple-A Tacoma Rainiers’ home game against the Las Vegas Aviators at Cheney Stadium.
The Mariners will have a tough decision to make with their starting rotation when Miller returns, as Emerson Hancock (2.86 ERA, 0.981 WHIP) has been great thus far filling in for Miller. Seattle has some time before a decision needs to be made, though.
For one, Miller isn’t fully stretched out, throwing only 47 pitches and three innings in his second rehab start last Friday with the High-A Everett AquaSox. And second, Mariners general manager Justin Hollander said that the M’s were likely to use the full 30 days allowed on Miller’s rehab stint, which would put him on pace to join the team in mid-May.
Seattle Mariners news and analysis
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