Captain of vessel which caught fire near Santa Cruz Island indicted on 34 counts of seaman's manslaughter

A federal grand jury on Tuesday indicted the captain of the Conception that caught fire and killed 34 people during a dive trip on Labor Day weekend last year.

The boat was anchored near Santa Cruz Island at the time of the incident which resulted in the deaths of 33 passengers and one crew member. Jerry Nehl Boylan, 67 of Santa Barbara, now faces 34 counts of seaman's manslaughter. The indictment returned Monday afternoon alleges that Boylan, as captain and master of the vessel, was responsible for the safety and security of the vessel, its crew and its passengers, according to the U.S. Attorney of the Central District of California.

"As a result of the alleged failures of Captain Boylan to follow well-established safety rules, a pleasant holiday dive trip turned into a hellish nightmare as passengers and one crew member found themselves trapped in a fiery bunkroom with no means of escape," U.S. Attorney Nicola Hanna said in a statement. "The loss of life that day will forever impact the families of the 34 victims. With this indictment and our commitment to vigorously prosecute the case, we seek a small measure of justice for the victims and their loved ones."

Each seaman's manslaughter count carries a statutory maximum penalty of 10 years in federal prison.

A federal indictment has not been issued yet for the vessel's owners, Glen and Dana Fritzler. Stephen G. Larson of Larson LLP is representing the Fritzlers.

Just days after the incident, owners of the Conception vessel filed a lawsuit for exoneration from or limitation of liability in Los Angeles federal court. Conception had been chartered for a diving trip by Worldwide Diving Adventures. In the matter of the Complaint of Truth Aquatics, Inc. et al., 2:19-CV-07693 (C.D. Cal., filed Sept. 5, 2019)

Investigators with the National Transportation Safety Board said at a news conference in October that the ignition source could have been smoking materials that were improperly discharged in a bin on the main deck, a malfunction in the electrical system or the prolonged charging of battery-powered devices left unattended. Five crew members, including Boylan, who slept above the lower decks, survived by jumping overboard and escaping to a nearby vessel docked on the shore of Platt's Harbor, 22 miles off the coast.