‘Conception’ Captain Can Remain Out on Bail
Federal Judge Ruled Jerry Boylan Was a Low Risk of Fleeing
This article was underwritten in part by the Mickey Flacks Journalism Fund for Social Justice, a proud, innovative supporter of local news. To make a contribution go to sbcan.org/journalism_fund.
A federal judge ruled that Jerry Boylan — captain of the Conception scuba boat, which caught on fire and killed 34 passengers off the Santa Barbara Coast in 2019 — may remain out on bail through his appeal.
Boylan was previously ordered to surrender himself to the Bureau of Prisons no later than August 8 to begin serving his four-year sentence for involuntary seaman’s manslaughter. However, his public defender, Gabriela Rivera, argued in a hearing on July 29 that the jury was not properly instructed on what constituted “causality” in convicting Boylan of the crime, leading to the defendant’s appeal.
The defense claimed that the prosecution did not establish “but-for” causation, nor did they inform the jury of what exactly that meant. In this case, “but-for” causation would mean that if Boylan had assigned a night roving watch person, as he was legally required to do, the 34 passengers would not have died in the fire. Rivera argued that the fire began and engulfed the Conception too rapidly for the passengers sleeping below deck to escape and survive, regardless of whether there was an awake crew member on watch.
Based on the looming appeal, Boylan’s low likelihood of fleeing, and his low presumed danger to the public, the Honorable George Wu ruled that Boylan could remain on bail pending appeal.
Restitution remains unnumbered and unpaid to the victims’ families, which was the main topic of debate at the last hearing on July 11. Court records from the July 29 hearing do not mention any discussion or ruling of a restitution amount.
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