There are “no immediate signs of criminality” in the Hudson River boat accident that left two dead, sources said Wednesday — as ferry officials denied reports that a wake caused the apparently overloaded vessel to capsize.
Police have not yet determined what caused the tragedy that led to 7-year-old Julian Vasquez and 50-year-old Lindelia Vasquez’s death Tuesday afternoon after the private charter boat they were on with at least 10 others suddenly capsized, spilling all of its passengers into the water.
The captain of the boat passed a field sobriety test following the accident and cops believe the boat capsized “due to choppy waters caused by the wake of a passing ferry,” internal police records show.
However, Wiley Norvell, a spokesperson for NY Waterways, said the company can say with “dead certainty” there were no ferries in the immediate vicinity prior to the incident and a wake from one of their boats did not lead the vessel to capsize.
“The closest ferry was at least four minutes from the site of the accident,” Norvell told The Post.
“That’s a very large distance from which there could be no discernible wake.”
Police have not yet determined what caused the vessel to flip over, killing two people. William C. Lopez/NYPOSTIf a wake didn’t lead the boat to capsize, a host of other factors could have, including how much weight was on the boat, “improper or negligent” operation, speed and mechanical failures, said Lieutenant Commander Mason Wilcox, the chief of the First Coast Guard District’s Inspections and Investigations Branch.
“During the course of our investigation, we’re going to take statements from obviously the survivors, the operators, the owners of the vessels. We’re going to see if there was a physical issue with the vessel, like was there a steering control failure, was there an engineering control failure, did alcohol play a part, did drugs play a part, was there a structural failure of the vessel,” Wilcox told The Post.
“Those are all the different directions we’re going to go into to formulate a reason why the incident occurred and is there someone responsible that we can place civil or criminal charges against.”
Seven-year-old Julian Vasquez and 50-year-old Lindelia Vasquez died in the accident. Henry Kaden via StoryfulWilcox said private charter boats that carry more than 6 passengers must obtain a US Coast Guard Certificate of Vessel Inspection but the boat in Tuesday’s accident was “not part of our inspected fleet.”
That could either be because the vessel was a bareboat charter, or a craft that is rented out similar to an Airbnb, or it was operating “in violation of the law.”
“That’s part of their job, to find out how this boat was operating,” Wilcox said.
A high-ranking police source told The Post late Tuesday investigators believe the boat was “overloaded” but it’s not clear exactly how.
Police said at least 12 passengers were on board the 24-foot Yamaha AR240, dubbed “Stimulus Money,” and the vessel’s specs show it can hold up to 12 people, or about 2,698 lb.
Captain Rick DiNapoli, a recognized maritime expert and graduate of the US Merchant Marine Academy, said manufacturers will list capacities in their sales brochure but it’s “not regulatory.”
“Once you go over 20 feet, there’s a lot of math involved. It’s not that clear,” DiNapoli told The Post.
“[Twelve people on a 24-foot craft] sounds like a lot but I do know there are 24-foot crafts that have manufacturer suggested maximums of 12 people. That doesn’t mean it’s always good but it’s not an automatic disqualification.”
While police said there were 12 people on board, the FDNY ultimately treated 14 people from the incident and the NYPD has not said who those additional two passengers were and if they were also aboard the doomed craft.
A time-lapse video in New Jersey caught the speed boat moments before and after in the Hudson River. Courtesy of NYCtimescape.comJeffrey Goodman, a partner attorney with Saltz Mongeluzzi & Bendesky, has spent his career focusing on maritime safety issues and has represented victims from a host of boating tragedies, including the 2012 sinking of a pleasure craft on Oyster Bay that killed three kids.
He said Tuesday’s incident “highlights the importance of maritime safety” and said investigators will need to determine if the boat’s captain followed the law, including providing enough life jackets for each person on board.
“Maritime accidents are preventable when appropriate safety precautions are taken,” said Goodman.
“I can tell you that there are responsibilities that exist for the charter company, for the vessel owner and the operator. Who did what wrong here, I cannot say.”
Additional reporting by Joe Marino






