Date: 01-30-2025

Case Style:

United States of America v. Richard Cruz

Case Number:

Judge: Katherine Polk Failla

Court: The United States District Court for the Southern District of New York (New York County)

Plaintiff's Attorney: The United States Attorney’s Office for New York

Defendant's Attorney:

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Description:

New York, New York criminal defense lawyer represented the Defendant charged with Causing The Death Of A Seven-Year-Old Boy And A 48-Year-Old Woman In Hudson River Boat Capsizing

New Jersey Man Sentenced To 18 Months In Prison For Causing The Death Of A Seven-Year-Old Boy And A 48-Year-Old Woman In Hudson River Boat Capsizing

RICHARD CRUZ, who caused the deaths of a seven-year-old boy and a 48-year-old woman after his motor vessel Stimulus Money capsized in the Hudson River in July 2022, was charged with misconduct and neglect of a ship officer resulting in death.

On July 12, 2022, at approximately 2:40 p.m., the motor vessel Stimulus Money capsized in the Hudson River resulting in the death of two passengers — a seven-year-old boy (“Victim-1”) and a 48-year-old woman (“Victim-2”). At the time of the capsizing, CRUZ was the owner and captain of the vessel. CRUZ had purchased the vessel approximately three months before the capsizing. CRUZ conducted boat “tours” for paying customers onboard the vessel on multiple occasions in the months leading up to the capsizing, despite not having the required United States Coast Guard (“USCG”) credentials and certifications to do so.

CRUZ’s negligent actions and omissions caused the capsizing and the deaths of Victim-1 and Victim-2. At the time of the capsizing, among other things: CRUZ operated Stimulus Money with 13 people on board, exceeding the vessel’s maximum allowable capacity; CRUZ operated Stimulus Money at a high rate of speed even though an advisory had been issued to alert small watercraft of hazardous conditions, including high winds and heavy seas; CRUZ had not obtained a required USCG certification to operate the vessel with paying customers on board; and CRUZ operated Stimulus Money without a valid USCG Certificate of Inspection, which is required for a vessel to operate with paying customers on board.

All 13 people on board Stimulus Money were thrown overboard when it capsized in the Hudson River. Shortly after the capsizing, boats from the New York City Police Department’s (“NYPD”) Harbor Unit and the New York City Fire Department’s (“FDNY”) Dive Rescue Team, and ferries operating nearby, arrived at the scene of the capsizing to render emergency assistance. All but two passengers were recovered conscious and in varying medical conditions. They were subsequently transferred to hospitals in Manhattan and survived the capsizing. Approximately 25 minutes after the capsizing, members of the FDNY Dive Rescue Team recovered Victim-1 and Victim-2 from the Hudson River. They were trapped underneath the capsized vessel and found unconscious. Emergency medical personnel subsequently pronounced Victim-1 and Victim-2 deceased. The cause of death was drowning.

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Outcome:

Defendant was found guilty and sentenced to 18 months in prison

Plaintiff's Experts:

Defendant's Experts:

Comments: