Boat captain arrested after fatal capsizing near Statue of Liberty leaves mother and infant dead

A woman and her 5-month-old daughter died Saturday night after a 14-person boat capsized in the waters near the Statue of Liberty, setting off a sprawling search-and-rescue operation across New York Harbor, authorities said.

The boat's captain, Manuel Hernandez, 46, of Manhattan, was arrested early Sunday and charged with 13 counts of reckless endangerment, according to the New York Police Department.

The U.S. Coast Guard said it is investigating what caused the vessel to flip and whether it was operating illegally as an uncredentialed charter. The inquiry is being conducted jointly with the Coast Guard Investigative Service and the NYPD.

An illegal charter is defined as a passenger-for-hire operation that lacks required Coast Guard credentials, safety equipment, and a certificate of inspection, the agency said.

“We are committed to holding illegal operators accountable to the highest extent of the law to ensure the safety of everyone on our waterways,” Capt. Doreen McCarthy, commander of the Coast Guard's Sector New York, said in a statement.

The type of boat involved has not been officially confirmed, but a law enforcement source briefed on the investigation told CNN that investigators believe the vessel was likely over capacity. Twelve of the 14 people aboard had already been pulled from the water by the time police arrived, the NYPD said.

Eleven of those survivors were rescued by the captain and crew of a nearby hot tub boat, a small tour vessel outfitted with two full-size hot tubs, according to Adam Schwartz, owner of the company Sea the City. The boat had been operating in the same area when its crew spotted the overturned vessel and moved in to help.

After emergency teams reached the scene, search-and-rescue crews located Sara Sanchez, 27, and her daughter Antonella Garcia, 5 months, both of Queens, in the water, police said. The two were rushed to NYU Langone Hospital-Brooklyn in critical condition and later pronounced dead. The baby's father was also aboard and was among the survivors, a law enforcement official told CNN on Sunday.

The remaining survivors were listed in stable condition, the Coast Guard said.

The NYPD received a 911 call at approximately 10:25 p.m. Saturday reporting an overturned vessel near Liberty Island, home to the Statue of Liberty. The boat went down in the Hudson River near Buoy 32, between the Statue of Liberty and Bay Ridge Anchorage, according to police. The response involved air and water rescue units from the Coast Guard, the New York City Fire Department, and the NYPD, including the department's Harbor Unit, SCUBA Team, and Aviation Unit.

The waters around Liberty Island are among the busiest in New York Harbor, with a steady flow of commercial vessels, ferries, and recreational boats. The island draws millions of tourists each year, and numerous charter companies offer close-up views of the statue. Saturday night's weather was clear, with temperatures around 80 degrees Fahrenheit and light westerly winds near 10 mph, according to the National Weather Service.

Witness Madeleine Montero described the scene to FreedomNewsTV: “I saw three helicopters, two active boats on the water, and just a lot of NYU ambulances, cops, firefighters, trucks.”

CNN affiliate WABC reported the capsized boat was a 22-foot bowrider, a common type of recreational powerboat. CNN has reached out to authorities for additional details about the vessel.

The incident echoes a similar tragedy in July 2022, when a boat chartered by a group of family and friends capsized in the Hudson River off Midtown Manhattan, killing 7-year-old Julian Vasquez and 47-year-old Lindelia Vasquez. The boat's owner and captain later pleaded guilty to a federal charge of misconduct and neglect of a ship officer resulting in death. Prosecutors said he had been running paying tours without the required Coast Guard credentials.

Saturday's fatal capsizing has renewed scrutiny on the largely unregulated sightseeing boat industry in New York Harbor. Maritime safety experts say that while the Coast Guard sets strict standards for licensed passenger vessels, a gray market of informal charters continues to operate, often skirting inspection and safety requirements.

“Every operator who takes paying passengers on the water has a legal and moral obligation to ensure their vessel is properly inspected, properly crewed, and properly loaded,” said一位 former Coast Guard investigator who spoke on condition of anonymity. “When those rules are ignored, tragedies like this become predictable.”

The National Transportation Safety Board is not part of the current investigation, but the Coast Guard's findings will likely determine whether federal charges are brought against Hernandez. Meanwhile, the families of the victims are left to mourn a young mother and her child, whose lives ended suddenly in the shadow of the Statue of Liberty.

This story has been updated with additional information.