A California dive boat captain, Jerry Boylan, who was found guilty of seaman’s manslaughter in connection with a fire that tragically claimed the lives of 33 passengers and a crew member aboard his vessel, had his request for a new trial denied by U.S. District Judge George Wu.
Boylan, aged 70, faced potential imprisonment of up to 10 years following a jury’s determination of gross negligence leading to the fatalities during a Labor Day 2019 diving expedition off Santa Barbara’s coast. The jury concluded in 2023 that Boylan’s failure to maintain a roving patrol during the night and adequately train his crew in firefighting procedures aboard the 75-foot vessel “Conception” were significant contributing factors to the disaster, marking it as one of California’s worst maritime tragedies.
In his bid for a new trial, Boylan contended that the jury instruction regarding a lesser-included offense was flawed and that a prosecution witness, a former crew member, had provided false testimony. However, Judge Wu found no substance in either argument.
Regarding the jury instruction issue, Judge Wu acknowledged an error in including the lesser-included offense option, as it was not necessary for a conviction of seaman’s manslaughter. Nevertheless, he deemed this error inconsequential since Boylan was convicted solely under the original charge, rendering the instructional error moot.
Regarding the testimony of the former crew member, Brian Priddin, Boylan alleged that Priddin’s account misrepresented his reasons for leaving his employment with Truth Aquatics, the company that owned the “Conception.” Boylan claimed that Priddin’s departure was primarily due to concerns over the company’s sewage disposal practices, not safety issues as portrayed in court.
However, Judge Wu dismissed Boylan’s argument, stating that Priddin’s trial testimony did not contradict his earlier statements about resigning for multiple reasons. The judge noted that Priddin had indicated during the trial that his decision to quit was influenced by various factors, including safety concerns.
Boylan is now scheduled to be sentenced on May 2 by Judge Wu.
