Federal authorities have arrested and charged an unlicensed boat operator after an overloaded vessel capsized in New York Harbor earlier this month, leaving a mother and her infant child dead.
Manuel Ernesto Hernandez-Umana faces two counts of misconduct and neglect of a ship officer resulting in death, the U.S. Attorney’s Office for the Southern District of New York announced.
The incident occurred on August 8, 2026, when a boat piloted by Hernandez-Umana flipped in the harbor waters. Emergency crews from the U.S. Coast Guard, the New York City Police Department, and the New York City Fire Department rushed to the scene to pull passengers from the water.
Rescuers recovered a 27-year-old woman and her 5-month-old baby, both of whom were pronounced dead after being transported to a nearby hospital.
According to investigators, Hernandez-Umana was running unlicensed commercial tour operations and had overcrowded the boat. Federal prosecutors also noted the vessel lacked basic safety provisions for all passengers onboard, including infant life vests.
“Federal regulations and maritime safety protocols exist to protect the lives and well-being of passengers on commercial vessels,” said U.S. Attorney Jamie McDonald. “The defendant allegedly flouted those regulations when he transported paying customers on a commercial vessel without appropriate licenses, overcrowded the vessel, and took on a 5-month-old infant passenger, with no infant life vests onboard. We mourn the tragic drowning deaths of the infant and her mother and urge would-be tour operators and the public to observe all safety protocols for commercial vessels.”
Following the incident, the Coast Guard Investigative Service (CGIS) launched an inquiry into the crash and determined that Hernandez-Umana was living in the country illegally.
U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations subsequently took him into custody. Authorities stated Hernandez-Umana originally entered the United States through Texas in 2007 after falsely telling border officials he was an American citizen.
“This criminal illegal alien was illegally and recklessly conducting unlicensed boat tours in New York Harbor when his boat capsized, killing a 27-year-old woman and her 5-month-old baby,” Department of Homeland Security Secretary Markwayne Mullin said in a statement. “Thanks to the hard work of the men and women of the Coast Guard, ICE, and our federal, state, and local partners, this criminal is off our streets and out of our waterways. Once he faces justice for his crimes, we will make sure that he is swiftly removed from our country.”
Federal officials emphasized that operating passenger vessels without proper licensing and inspections poses severe risks to the public.
“Illegal charter operations gamble with human life, and in this case, the alleged conduct led to an unthinkable tragedy,” said CGIS Assistant Director Josh Packer. “As the Coast Guard’s criminal investigative agency, CGIS brings unmatched maritime subject-matter expertise coupled with federal law enforcement authority. Working with our federal, state, and local partners, we will continue to investigate those who ignore passenger vessel safety laws and put the public in danger.”
The prosecution is being handled by Special Assistant U.S. Attorney Andrew Stahl of the Southern District’s General Crimes Unit.
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