The United States Coast Guard has referred the investigation into a fatal vessel collision near Hibiscus Island in Biscayne Bay to the Department of Justice (DOJ) for possible criminal prosecution.

The decision follows a detailed marine casualty investigation into the 28 July crash that claimed the lives of three young sailors and injured two others.

Officials from the Coast Guard’s Southeast District confirmed on Thursday that the case is being referred under 18 U.S.C. 1115, also known as the Seaman’s Manslaughter Statute, against parties associated with the towing company involved in the incident.

The collision happened when a barge pushed by the vessel Wood Chuck struck a small sailboat carrying five girls and their 19-year-old instructor. The group was in the final week of a children’s summer sailing camp run by the Miami Yacht Club, which trains children aged 7 to 15.

Three campers, Mila Yankelevich, aged 7; Arielle Buchman, aged 10; and Erin Ko, aged 13, lost their lives in the incident. One girl was hospitalised and later released, while another camper and the instructor were treated at the scene.

Coast Guard Sector Miami Commander Captain Frank J. Florio said the case was referred to the DOJ to ensure full accountability and help prevent similar accidents in the future. He added that the Coast Guard’s thoughts remain with all those affected by the incident.

Attorney Justin B. Shapiro, representing the families of victim Erin Ko and survivor Calena Gruber, said the referral gave the families some relief that progress toward justice was being made and appreciated the Coast Guard’s efforts.

Video Credits: 10 News/YouTube

Meanwhile, Attorney David Neblett, representing the Miami Yacht Club, said the club supported the Coast Guard’s decision and remains committed to improving safety in Biscayne Bay as the community continues to mourn the loss.

A lawsuit filed in August on behalf of a 9-year-old survivor accused Waterfront Construction Inc., the barge’s owner, along with the Miami Yacht Club and the Youth Sailing Foundation, of negligence and failure to take adequate precautions to avoid the collision.

Attorney Judd Rosen, representing the young survivor, said the families continue to grieve and are seeking accountability through the legal process.

Attorney Lorenzo J. Palomares, representing Waterfront Construction, said the barge and tug were returning from a seawall demolition project on Star Island when the incident occurred. He said the vessel was travelling at about 3.5 knots, and both the master and lookout had worked with the company for 12 and 8 years respectively, without any major incidents.

Palomares added that toxicology reports were negative and said the company had fully cooperated with investigators. He said the firm wanted “the truth to come out” and that everyone involved deeply grieved for the families affected.

The DOJ will now review the evidence to determine whether criminal charges will be filed under maritime law.

References: USCG, NBC Miami