A captain accused of running an overcrowded, unlicensed New York Harbor tour that ended with a mother and her 5-month-old daughter dead is now in federal immigration custody, authorities said.
Homeland Security Secretary Markwayne Mullin said Hernandez-Umana entered the United States through Texas in 2007 by falsely telling a border officer he was an American citizen. "This criminal illegal alien was illegally and recklessly conducting unlicensed boat tours in New York Harbor when his boat capsized, killing a 27-year-old woman and her 5-month-old baby," Mullin said in a press release. He added that Hernandez-Umana would be deported once his criminal proceedings conclude.
Misconduct and Neglect Charges
Hernandez-Umana faces two counts of misconduct and neglect of a ship officer resulting in death, each punishable by up to 10 years in prison.U.S. Attorney Jamie McDonald said, "The defendant allegedly flouted those regulations when he transported paying customers on a commercial vessel without appropriate licenses, overcrowded the vessel, and took on a five-month-old infant passenger, with no infant life vests onboard. We mourn the tragic drowning deaths of the infant and her mother and urge would-be tour operators and the public to observe all safety protocols for commercial vessels.”
NYPD Commissioner Jessica S. Tisch said Hernandez-Umana "showed a complete disregard for the safety of his passengers when he piloted an over-capacity boat without a license that capsized in the New York Harbor.”
The excursion had been booked through Zeus Luxury Rental Inc., a company that markets its charters on Instagram and TikTok and whose chartered boat previously caught fire during a Long Island Sound cruise in 2025. Hernandez-Umana told investigators he had freelanced for the company since the previous year, initially as a limousine driver, and that he used a friend's boat on the day of the crash because his own boat needed repairs.
Hernandez-Umana, who had been living in Manville, New Jersey, made his first court appearance on Aug. 10 still dressed in the T-shirt, swim trunks, and water shoes he wore during the capsizing, and was not asked to enter a plea. He is scheduled to return to court on Sept. 9.
