Speedboat driver in fatal New York Harbor capsizing was in the US illegally, authorities say

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NEW YORK (AP) — The pilot of a speedboat that capsized during a tour around the Statue of Liberty, drowning an infant and her mother, has been arrested by U.S. immigration authorities who say he was in the country illegally.

Manuel Ernesto Hernandez-Umana, who has a pending federal criminal case in connection with the Aug. 8 crash, lied to a border officer and falsely claimed he was a U.S. citizen when he entered the country in Texas in 2007, the Department of Homeland Security said Wednesday.

Hernandez-Umana, 46, a citizen of El Salvador, is being held at a U.S. Immigration and Customs Enforcement detention facility in Elizabeth, New Jersey, according to online records. Homeland Security Secretary Markwayne Mullin said he will eventually be deported.

Immigration authorities arrested him after he was released on bail in his criminal case, where he is charged with causing the deaths of 5-month old Antonella Garcia and 27-year-old Sara Sanchez through misconduct or neglect.

According to prosecutors, Hernandez-Umana wasn’t licensed by the U.S. Coast Guard, wasn’t aware of basic safety rules and told investigators he’d borrowed his friend’s personal vessel for the New York Harbor excursion. The boat was illegally chartered and overcrowded, prosecutors said.

“Once he faces justice for his crimes, we will make sure that he is swiftly removed from our country,” Mullin said in a statement.

Hernandez-Umana's lawyer, Amy Gallicchio, declined comment.

Hernandez, who had been living in Manville, New Jersey, was not required to enter a plea at his initial court appearance in the criminal case on Aug. 10. He wiped his eyes as he arrived to the courtroom, still wearing the T-shirt, swim trunks and water shoes he’d had on during the voyage. He is due back in court on Sept. 9.

According to Coast Guard investigators, Hernandez was piloting a 21-foot Yamaha AR210 with 14 people aboard — well over its 10 person capacity — when it swamped and sank as it made a U-turn in choppy waters. The tour began around 7 p.m. and the vessel capsized more than three hours into its journey.

The infant wasn’t wearing a life preserver because the boat didn’t have any for small children, prosecutors said. Instead, Hernandez told Sanchez she needed to wear a life vest and hold the infant throughout the hourslong tour, a violation of federal regulations, prosecutors said.

The tour was organized through Zeus Luxury Rental Inc., which advertises its services on social media platforms including Instagram and TikTok. A boat chartered by the company caught fire last year during a birthday cruise on Long Island Sound.

According to his criminal complaint, Hernandez told investigators he had worked for Zeus Luxury on a freelance or contract basis since last year, starting as a limousine driver. He said that twice recently he used his personal boat, a slightly larger Yamaha AR250, but used a friend’s boat on Aug. 8 because his needed repairs, the complaint said.

Messages seeking comment were sent to a phone number and email address listed on Zeus Luxury’s website. The phone number’s voicemail was full, according to an automated recording.

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This story has been updated to correct that Homeland Security announced the arrest Wednesday, not Monday.