The pilot of a tugboat who admitted to using a cell phone and computer surfing before smashing into a sightseeing boat was sentenced to one year and one day in prison.
Matthew R. Devlin, 35, of Catskill, NY, was piloting a tug pushing a 250-foot sludge barge that ran over a 33-foot "Ride the Ducks" boat on the Delaware River on July 7, 2010. Two teenage Hungarian tourists were killed as 35 passengers and two crewmembers plunged underwater.
Devlin made or received 21 cell phone calls and surfed the internet on a laptop, said the NTSB in its investigative report. He admitted being distracted from those activities for an extended time period before the collision as well as failed to maintain a proper lookout and piloting the vessel from the lower wheelhouse which had diminished visibility.
Devlin told authorities right after the accident that earlier that day, his 6-year-old son was experiencing complications from routine eye surgery which caused eight minutes of partial oxygen deprivation. His wife said she called her husband in a state of panic while he was at the controls. She asked the judge for mercy because the couple has young children. Devlin apologized before the court.
The tour boat was disabled at anchor in the shipping channel because the operator observed smoke and suspected a fire onboard.
The Eastern District of Pennsylvania Federal Court also sentenced Devlin to three years of supervised release. He pled guilty to one count of misconduct of ship operator causing death. He turned in his Coast Guard issued mate's license.
Ride the Ducks of Norcross, GA and vessel operator K-Sea Transportation of East Brunswick, NH, have requested the federal government to limit their liability in the accident.
Read the article "Why cell phone regulations on vessels are needed" in our article library here.
Our maritime lawyers realize that maritime work can be dangerous when companies cut corners on safety. That's why we've dedicated our time to putting out free information for workers.
To learn more about our law firm and what we can do for you, please visit the following websites:
