Federal authorities are conducting a criminal investigation into the fiery dive boat disaster that killed 34 people off the coast of Southern California, two officials said Monday.
The FBI, Coast Guard and U.S. attorney in Los Angeles are overseeing the investigation, according to the two people who were not authorized to speak publicly and commented on the condition of anonymity.
On Friday, Santa Barbara County Sheriff Bill Brown said the investigation had not yet taken a criminal turn, though charges were possible. That turn of events appeared to happen Sunday when federal agents raided the office of the boat’s owner, Truth Aquatics Inc. in Santa Barbara, and its two remaining vessels.
Investigators have been gathering other evidence, including interviewing the captain and four surviving crew members, since the Sept. 2 tragedy off the Channel Islands.
Thirty-three passengers and one crew member were trapped below deck when the fire broke out after 3:00 a.m. on the Conception. Initial examinations indicate the people died of smoke inhalation before being burned, Brown said. All but one body has been found.
Efforts by the crew to save the trapped victims were unsuccessful because the fire was out of control and they had to abandon ship, according to authorities who spoke with them and the boat’s owner.
Authorities are looking into various safety issues, including whether a night watchman was on duty when the blaze broke out before dawn.
If charges are brought, prosecutors are likely to apply an obscure federal law known as the Seaman’s Manslaughter Statute, which predates the Civil War and was enacted to punish negligent captains, engineers and pilots for deadly steamboat accidents that killed thousands.
The crime carries a potential penalty of up to 10 years in prison and sets a low bar for prosecutors, who only need to prove simple negligence or misconduct on the part of the captain or crew.
