Federal jury issues new indictment in Conception Boat Fire

SANTA BARBARA, Calif. – The captain of the Conception Dive Boat was indicted on new charges after a federal judge in September dismissed manslaughter charges against him for the deaths of 34 passengers in the 2019 boat fire, according to the U.S. Department of Justice.

Jerry Nehl Boylan, 68, was charged with one count of misconduct or neglect of a ship officer for the deaths of 33 passengers and one crew member when the Conception Dive Boat caught fire while anchored at Platt's Harbor near Santa Cruz Island in September 2019. The fire engulfed the ship, sinking it and killing 34 people who were trapped below deck.

Five crew members, including Boylan, escaped and survived, according to the U.S. Attorney's Office.

The indictment alleges a series of failures and the abandoning of his ship, which constituted "misconduct, gross negligence, and inattention to his duties," according to Thom Mrozek, spokesman for the U.S. Attorney's Office in Los Angeles.

"The new indictment reinstates the charge against Boylan after a federal judge last month dismissed a previous indictment charging Boylan with the same offense because it did not allege gross negligence," Mrozek said.

The misconduct or neglect charge in the new indictment alleges that Boylan, who "was responsible for the safety and security of the vessel," failed to have a night watch or roving patrol, conduct sufficient fire drills and crew training, provide firefighting instructions to crewmembers after the fire started, and to use firefighting equipment to fight the fire or attempt to rescue trapped passengers, among other charges.

Boylan will appear for arraignment in the coming weeks and faces a statutory maximum penalty of 10 years in federal prison.