The former captain of the dive boat Conception, which caught fire near Santa Cruz Island on Labor Day 2019, killing 34 people, is scheduled to appeal his conviction Tuesday before a three-judge panel of the U.S. Ninth Circuit Court of Appeals in Pasadena.
Jerry Boylan, 72, was sentenced last year to four years in federal prison after being convicted of misconduct or neglect of a ship officer — a pre-Civil War statute known as seaman’s manslaughter. He remains free on bond pending the appeal, which will be heard in Courtroom 3 of the Richard H. Chambers U.S. Court of Appeals building on South Grand Avenue.
The blaze, of unknown origin, is considered the worst maritime disaster in modern California history. Victims included 33 passengers — among them two Santa Monica residents, Marybeth Guiney and Charles McIlvain, diving enthusiasts who lived in the same condominium complex — and one crew member. Their ages ranged from 16 to their 60s.
Trial and Sentencing
Boylan was convicted in November 2023 following a 10-day trial in downtown Los Angeles. Jurors found he failed to organize required roving night patrols aboard the 75-foot vessel, allowing the fire to spread unchecked. Evidence also showed he did not use firefighting equipment located in the wheelhouse, failed to use the boat’s public address system to warn passengers and crew, and did not attempt to rescue those trapped below deck, according to court papers.
At sentencing in May 2024, more than 15 family members spoke, recalling loved ones lost in the tragedy. Prosecutors argued Boylan abandoned ship first, while four other crew members survived by jumping into the ocean. The judge noted Boylan had filed a video expressing great contrition, despite family members describing his lack of remorse.
U.S. District Judge George Wu imposed a four-year prison term, citing Boylan’s age, health issues, lack of criminal intent, and lack of prior convictions as mitigating factors. The charge carries a maximum penalty of 10 years. Wu also ordered three years of supervised release with mandatory mental health treatment.
Defense and Prosecution Arguments
Defense attorneys blamed the boat’s owner, Glen Fritzler, for failing to require roving patrols or fire training for captains and crews. Prosecutors countered that Boylan never apologized or accepted responsibility, though his attorney read a statement in court in which Boylan said, “It was my goal to bring everyone home safely — and I failed.”
Boylan was originally charged in December 2020 with 34 counts of seaman’s manslaughter. After defense objections, prosecutors refiled a single count covering all the deaths.
Broader Fallout
The fire broke out while the boat was anchored in Platt’s Harbor near Santa Cruz Island. It prompted criminal and safety investigations, as well as lawsuits from victims’ families against Fritzler and his company. The company filed a claim seeking protection from damages under maritime law that limits liability for vessel owners. Families contend the Conception violated Coast Guard regulations, including failing to maintain an overnight safety watch, failing to provide a safe means for storing and charging lithium-ion batteries, and inadequate emergency exits in passenger accommodations.
The appeal hearing is scheduled to begin at 9 a.m. and will be livestreamed on YouTube by the Ninth Circuit.
Get our daily Pasadena newspaper in your email box. Free.
Get all the latest Pasadena news, more than 10 fresh stories daily, 7 days a week at 7 a.m.
