Federal Grand Jury Indicts Captain of Conception Dive Boat

A federal grand jury has formally indicted Jerry Nehl Boylan, the captain of the Conception dive boat. The indictment alleges misconduct and gross negligence while on duty during the tragic fire that took place 3 years ago on Sept. 2, 2019.

The new indictment was handed down on Tuesday, October 18, and follows the dismissal last month of previous indictment of Boylan for the same charge, because it did not allege gross negligence.

The indictment alleges that Boylan, 68, was at fault for “a series of failures” and abandoning his ship, leading to the deaths of 33 passengers and one crew member. Jerry Boylan will be required to appear in a U.S. District Court for an arraignment on the new charge in the “coming weeks” and faces up to 10 years in federal prison if convicted.

Boylan is accused of failing his responsibilities by being the first crew member to abandon the Conception, while 33 passengers and a crew member remained trapped below deck, needing assistance to escape.

While anchored in Platts Harbor near Santa Cruz Island on Sept. 2, 2019, the Conception caught fire. The fire engulfed the boat and killed everyone aboard except for Boyland and four other crew members who were able to escape. The exact cause of the fire has not been pinpointed, however there is speculation that it might have been sparked by cell phones and batteries left charging overnight – a tragedy that federal safety investigators said could have been prevented by a night watchman.

It remains the deadliest maritime disaster in California since the Civil War.

In December 2021 the Coast Guard issued new fire safety rules for small boats that officially went into effect March 28 of this year in response to the Conception Fire. The rules require boat operators to install interconnected fire systems in areas where crews have routine access, conduct passenger emergency escape drills, and install portable fire extiguishers.