Two New Jersey tour boat operators are charged over deaths of woman and boy, seven, who drowned in Hudson River after becoming trapped under USS Intrepid when their over-capacity vessel capsized

Two New Jersey tour boat tour operators have been charged after a woman and a seven-year-old boy drowned in the Hudson River on one of their vessels.  

Richard Cruz, 32, and Jamie Pinilla Gomez, 25, were arrested in Elizabeth, New Jersey on Thursday for allegedly causing the deaths of Lindelia Vasquez, 48, and her 7-year-old nephew, Julian.

The pair were aboard the 24-foot vessel with thirteen other passengers on a July 12, 2022 for a tour around New York Harbor and The Statue of Liberty when the overcrowded boat capsized.

All the passengers were ejected into the ocean waters, and Vasquez and her young nephew became trapped underneath and drowned. 

Cruz, has purchased the Yamaha AR-240 jet boat named Stimulus Money three months prior to the tragedy. They had been offering paying customers boat 'tours' though they did not have the required United States Coast Guard credentials and certifications.

Federal prosecutors said Cruz and Gomez, the vessel's pilot were recklessly operating the boat, exceeding the vessel's maximum allowable capacity, at a high-rate of speed, and during a Small Craft Advisory, in high winds and heavy seas.

Both men are facing one count of misconduct and neglect of a ship officer resulting in death, which carries a maximum sentence of ten years in prison.

Lindelia Vasquez, 48, was one of the horror boat crash on July 12, 2022

Vasquez's seven-year-old nephew Julian, also died in the tragedy 

Thirteen passengers were ejected into the rough seas when the vessel flipped. Members of the FDNY Dive Rescue Team were seen in the waters and nearby boat assisting in the rescue 

Prosecutors said Cruz and Gomez did not obtain the required USCG certification to operate the vessel with paying customers on board, and did not have a valid inspection. 

'Gomez, an insufficiently experienced mariner, piloted Stimulus Money 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,' prosecutors said. 

Prosecutors stated that Gomez was not wearing the proper safety device, a life vest, or safety gear around his wrist when the boat capsized. 

This failure, contributed to the vessel's engine continuing to operate even after he shifted from the helm console  at which the vessel was operated.

The horror crash happened near Pier 84, and boats from the New York Police Department's Harbor Unit and the New York City Fire Department's Dive Rescue Team, and ferries operating nearby arrived at the scene to render emergency assistance.

Ten of the passengers, including Gomez were rescued and were taken to hospital so their injuries could be treated. 

Time lapse video appears to show jet boat that capsized in the Hudson, killing 2 on July 12 2022

A map showing the location where the private unlicensed boat capsized killing a woman and her young nephew on July 12, 2022 

Nearby ferries helped rescue the family from the water (pictured)

Divers found the young boy and his aunt underneath the doomed vessel, approximately 25-minutes after the tragedy. They were unconscious and pronounced deceased by drowning. 

U.S. Attorney Damian Williams said: 'Federal regulations and safety protocols exist to ensure that captains and operators of commercial vessels keep passengers safe. 

'The defendants allegedly flouted those 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 — a young boy and a woman were trapped under the vessel and drowned after the vessel capsized.'