LOS ANGELES, CA – The captain of the doomed dive boat P/V Conception is facing federal charges again after a grand jury re-indicted him for the deaths of 34 people in the 2019 Santa Cruz Island tragedy. Jerry Nehl Boylan, 68, of Santa Barbara, is accused of misconduct or neglect of a ship officer – a charge previously dismissed for being too vague. This time, prosecutors are explicitly alleging gross negligence.
The September 2, 2019, fire erupted in the early morning hours while the 75-foot vessel was anchored in Platt’s Harbor, trapping 33 passengers and one crew member below deck in the bunkroom. All perished. Boylan was among the five crewmembers who escaped, but now faces up to 10 years in federal prison if convicted. The new indictment details a litany of failures, painting a picture of a captain who prioritized convenience over safety.
Prosecutors allege Boylan failed to maintain a proper night watch, conduct adequate fire drills, or provide any firefighting instructions to his crew. The indictment specifically states he didn’t even attempt to use readily available firefighting equipment – a fire ax and extinguisher were reportedly right next to him in the wheelhouse – to fight the blaze or rescue those trapped below. Instead, Boylan allegedly became the first crewmember to abandon ship, leaving 34 souls to perish.
The charges don’t stop there. Boylan is accused of failing to warn passengers and crew about the fire using the boat’s public address system. The indictment highlights his complete lack of “lifesaving or firefighting activities whatsoever,” despite being uninjured. The Coast Guard investigation revealed a pattern of lax safety practices on the Conception, and this indictment is the latest attempt to hold someone accountable for the preventable disaster.
This is the second indictment against Boylan. A previous one was tossed last month when a judge ruled it didn’t sufficiently allege gross negligence. This time, prosecutors have explicitly included that claim, detailing the series of failures that allegedly contributed to the deaths. The FBI, Coast Guard Investigative Service, and Bureau of Alcohol, Tobacco, Firearms and Explosives all contributed to the investigation.
Boylan will be directed to appear in United States District Court for an arraignment on the new indictment in the coming weeks. Assistant U.S. Attorneys Mark A. Williams, Matthew W. O’Brien, and Brian R. Faerstein are prosecuting the case. It’s crucial to remember that an indictment is not a conviction. Boylan is presumed innocent until proven guilty beyond a reasonable doubt. But for the families of the 34 victims, this re-indictment offers a glimmer of hope for justice, however delayed.
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