Two men have been charged in connection with a 2022 boat capsize on the Hudson River that killed a 7-year-old boy and a 48-year-old woman, Manhattan federal prosecutors said Thursday.

Richard Cruz, 32, and Jaime Pinilla Gomez, 25, of Elizabeth, New Jersey, are each charged with one count of misconduct and neglect of a ship officer resulting in death, the U.S. attorney’s office for the Southern District of New York said in a news release.


What You Need To Know

  • Two men have been charged in connection with a 2022 boat capsize on the Hudson River that killed a 7-year-old boy and a 48-year-old woman, prosecutors say

  • Prosecutors say one of the men was piloting the vessel as a tour boat when it capsized near Pier 86 on July 12, 2022, fatally trapping the woman and boy underneath

  • The other man was the owner and captain of the vessel, according to prosecutors. Both have been charged with one count of misconduct and neglect of a ship officer resulting in death

Prosecutors say Gomez was piloting a vessel as a tour boat when it capsized near Pier 86 on July 12, 2022, fatally trapping the woman and boy underneath. Cruz was the owner and captain of the vessel, according to prosecutors.

In a statement, U.S. Attorney Damian Williams said the two men “flouted [federal] regulations, recklessly disregarded safety protocols, operated the vessel at an unsafe speed in hazardous conditions, and overloaded the vessel with too many passengers onboard.”

“And the result was tragic,” Williams said. “A young boy and a woman were trapped under the vessel and drowned after the vessel capsized.”

In a complaint released Thursday morning, prosecutors allege Cruz and Gomez conducted several boating “tours” for paying customers on the Hudson River in the months before the capsize, despite never having acquired the U.S Coast Guard credentials and certifications needed to do so.

Cruz bought the vessel, dubbed “Stimulus Money,” around three months before the day of the deadly incident, according to prosecutors.

On the day the boat capsized, Gomez was piloting it with 12 other people loaded onto it, exceeding its maximum capacity and driving it at a high speed in “high winds and heavy seas,” prosecutors said.

Prosecutors called Gomez an “insufficiently experienced mariner” and allege he drove the boat in a “dangerous manner, including by rapidly accelerating one engine of the vessel immediately before the capsizing, which contributed to the overturning of the vessel.”

Gomez is also accused of failing to properly wear a safety device that could have kept the boat’s engine from continuing to operate after he moved from the helm of the vessel.

Gomez was among the 13 people tossed from the boat when it capsized, prosecutors said. He and 10 others survived the incident, but the woman and boy — identified by police as Lindelia Vasquez and Julian Vasquez, who were visiting from Colombia — drowned after getting trapped under the vessel, according to prosecutors.

In a statement, Rear Admiral John Mauger, commander of the First Coast Guard District, said the case “demonstrates the deadly consequences of illegal passenger operations.”

“Our thoughts are with the families of the victims today,” Mauger said.

If convicted, the two men each face a maximum sentence of 10 years in prison, the release said. Their attorney information wasn’t immediately available Thursday.