Criminal Trial Begins for Conception Dive Boat Captain Jerry Boylan

The criminal trial for the captain of the dive boat Conception, Jerry Boylan, has finally begun, four years after a deadly fire claimed the lives of 34 people on board. The trial started with jury selection, and Boylan is being held responsible for the passengers and crew on the boat’s final voyage. The National Transportation Safety Board (NTSB) determined that Boylan’s failure to have a roving watchman on board was a key factor in the tragedy. The crew only discovered the fire after it had already grown significantly, making it difficult to save the vessel and its occupants. Boylan and the crewmembers sleeping above deck survived, but all 34 people in the belowdecks area died from smoke inhalation.

Boylan has been indicted for his actions during the fire. The indictment alleges that he was the first to abandon ship and failed to perform any lifesaving or firefighting activities, even though he was uninjured. Boylan denies these charges and has pleaded not guilty. The federal prosecutors have taken a long time to bring the case to trial. They initially charged Boylan with 34 counts of seaman’s manslaughter in 2020 but reduced it to a single charge after a challenge from his legal team. However, the indictment was thrown out by a federal judge in 2022 because it did not include gross negligence, which is required for a conviction of seaman’s manslaughter. Prosecutors have since refiled the case, charging Boylan with one count of misconduct or neglect of a ship’s officer, which carries a maximum penalty of 10 years in prison.

During the investigation, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) recreated the conditions on board the Conception to determine the cause of the fire. They concluded that it likely started in a plastic trash can beneath a wooden ladder on the main deck. The tragic incident led to increased regulatory measures to improve passenger vessel safety, and the National Transportation Safety Bureau continues to advocate for further requirements, including a mandatory SMS standard.

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