Charges were filed against the operator of a boat in a crash that killed a high school senior on Labor Day weekend off Cutler Bay, authorities announced Friday.
On Sept. 4, 2022, 52-year-old George Pino was driving the 29-foot vessel with 14 passengers on board when he crashed into a channel marker near Boca Chita Key, according to prosecutors and officials with the Florida Fish and Wildlife Conservation Commission. The boat capsized and all passengers were thrown into the water.
The crash killed 17-year-old Luciana Fernandez and injured most of the passengers on the boat.
According to prosecutors, Pino was charged with one count of careless operation of a vessel causing death and two counts of careless operation of a vessel causing serious bodily injury. Both are second-degree misdemeanors.
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Statement from the Lucy Fernandez Foundation read via a post on instagram:
"After 11 months of hypothesizing about the factors contributing to the boating accident that took Lucy’s life, the FWC report has finally been released, shedding light on some painfully harsh truths — truths that not only underscore our Foundation’s mission to promote boater and watercraft safety, but also highlight the injustices in our system, as well as the dire need for change and accountability. Today the @lucyfernandezfoundation reaffirms its unwavering commitment to this cause, in Lucy’s memory. Her life mattered, and she will not have died in vain."
An incident report from the FWC said Pino "did operate his vessel in a careless manner by violating four navigational rules." The boat was traveling between 45-47 miles an hour, which the FWC said was a factor in the accident.
Pino was not impaired by drugs or alcohol while driving the boat, prosecutors said. FWC's incident report stated 61 empty alcoholic bottles and cans, one empty champagne bottle and a half-consumed bottle of liquor were found on the boat, and no one admitted to the consumption of alcohol.
"The Fernandezes are devastated and distraught with the findings and conclusions of the report and need some time to gather their thoughts," a statement from a spokesperson of Fernandez's family read.
An attorney representing Pino's family issued a statement after the charges were announced.
"The FWC and the State Attorney’s Office have conclusively confirmed this was not an alcohol-related accident. Multiple witnesses observed that another boat created an extra-large wake causing a loss of control," the statement read. "George and Cecilia Pino are devastated by the passing of Lucy and the serious injuries to Katy and others. The Pinos have already pledged their life savings to compensate and provide medical support for everyone affected by this horrible accident. They continue to pray every day for each person and family that was involved."
Fernandez was a senior at Our Lady of Lourdes Academy in Miami during the time of the accident. Sources told NBC6 most of the passengers on the boat were teenage students at Our Lady of Lourdes and Carrollton School of the Sacred Heart, two all-girls Catholic schools in Miami-Dade County.
The boat, a Robalo equipped with twin 300 horsepower engines, was carrying several adults and a group of students back to the dock when it collided, prosecutors said. The crash tore a large hole in the side of the vessel and forcefully threw many of the passengers into the water.
Most of the passengers sustained injuries, including two students who were seriously injured.
“This boating accident hit the Miami community at its core,” said Alberto Maza of the South Region Bravo Regional Commander. “So many lives were forever changed in an instant. Our hearts still break for the victims of this tragedy. Our investigators have completed a comprehensive investigation into the accident, and hope that the answers provided in the report can provide some small measure of peace.”
"You're definitely going to see civil action by many of the family members,” former prosecutor Michael Grieco said. "Once the state attorney’s office is engaged for purposes of making a decision on filing charges that’s it."
Grieco, who is not involved in the case, said Pino could still face jail time and it all depends on what the State Attorney offers as a plea or eventually what a judge sentences him to if he were to go to trial.
Pino's attorney said there are pending criminal charges and civil litigation.
Katerina Puig, 18, was seriously injured in the accident. NBC6 reached out to the family's attorney and are still waiting for a response.
MDFR reminds boaters — especially on Labor Day — to always follow safety protocols, have safety equipment in working order and have safety life jackets
