Dorothy

The illegal immigrant faces two counts of misconduct and neglect of a ship officer resulting in death. The boat capsized on August 8 near Liberty Island, killing Sara Sanchez, 27, and her 5-month-old daughter, Antonella Garcia, according to NBC News.

Federal prosecutors accused Mr. Hernandez-Umana of disregarding safety regulations by overloading the boat with 14 passengers as opposed to its maximum capacity of 10.

Prosecutors allege Hernandez was using a friend’s boat to pilot a tour around the harbor near the Statue of Liberty because his needed repairs. Fourteen people were on board, including him — exceeding the vessel’s maximum capacity of 10 people — according to the complaint, which noted that Hernandez did not know the boat’s maximum capacity.

When the capsizing occurred, Hernandez-Umana was using a friend’s boat to tour a group near the Statue of Liberty because his vessel needed repairs, according to NBC. The boat, which had a capacity of 10, reportedly carried 14 people, including Hernandez-Umana.

The captain allegedly did not know the boat’s capacity, according to NBC. Antonella’s parents allegedly told Hernandez-Umana that they did not have an infant-sized flotation device for their baby before they boarded the boat. The illegal immigrant then told them that he also did not have one and that one of the parents would need to wear a flotation device and hold the baby during the tour, which the mother did.

About 20 minutes into the tour, Hernandez made a U-turn, which sent the boat into a swell and caused it to capsize, throwing everyone overboard, according to the complaint.

“Illegal charter operations gamble with human life, and in this case, the alleged conduct led to an unthinkable tragedy,” said Josh Packer, assistant director of the Coast Guard Investigative Service. “Working with our federal, state and local partners, we will continue to investigate those who ignore passenger vessel safety laws and put the public in danger.”