Coast Guard recommends manslaughter charges in sailboat crash that killed three
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Three girls dead after barge hits sailboat in Biscayne Bay
On July 28, five girls and a camp counselor aboard a 17-foot Hobie Getaway, part of a Miami Yacht Club summer camp program, were hit by a 60-foot barge being pushed by a tugboat. The impact of the crash capsized the boat, killing three children — Mila Yankelevich, Erin Ko and Ari Buchman.
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The Coast Guard has recommended manslaughter charges against the operators of the tugboat that crashed into a Miami Yacht Club sailboat, killing three young campers in July, the federal agency announced Thursday.
Three girls were killed in the July 28 crash off Hibiscus Island in Miami Beach when an “uninspected” 60-foot barge, being pushed by a tugboat called Wood Chuck, ran over the 17-foot sailboat that carried five summer campers and a counselor from the yacht club, according to the Coast Guard. Two other girls were seriously injured.
Mila Yankelevich, 7, Erin Victoria Ko Han, 13, and Arielle ‘Ari’ Mazi Buchman, 10, died in the aftermath of the collision, which occurred in Biscayne Bay around 11:15 a.m. between Hibiscus and Monument islands off Miami Beach.
READ MORE: Third girl killed in sailboat-barge crash drowned accidentally: Medical Examiner
“After conducting a thorough marine casualty investigation, we’ve referred this case to Department of Justice for criminal investigation to ensure full accountability and help deter similar cases in the future,” Coast Guard Sector Miami Commander Capt. Frank J. Florio said in a statement.
Judd Rosen, an attorney representing one of the girls who was on the sailboat and seriously injured, praised the Coast Guard’s decision.
“This is a sign that the wheels of justice are moving in the right direction,” Rosen told the Miami Herald.
Justin B. Shapiro, an attorney for 7-year-old Calena Areyan Gruber, who was trapped under the barge but managed to swim out to save her life, said the move to seek criminal charges was a “meaningful step toward justice.”
“On behalf of our clients, I want to thank the U.S. Coast Guard for their tireless work in this investigation and their commitment to safety and accountability on the water,” Shapiro said. “This referral for criminal charges brings our clients a measure of relief that meaningful steps toward justice are being taken.”
The Miami Yacht Club’s attorney, David Neblett, said the club supports the Coast Guard’s announcement.
“As our community continues to mourn for those impacted by this tragedy, we remain committed to advocating for a safer and more accessible Biscayne Bay,” Neblett said in a statement to the Herald.
READ MORE: ‘We were screaming and screaming.’ Witnesses watch as barge hits sailboat of campers
Who owns the tugboat?
Waterfront Construction, a Miami company, is the registered owner of the tugboat and the barge it was pushing that ran over the sailboat. The company is owned by Jorge Rivas, state corporate records show.
The tugboat, Wood Chuck, was built in 1991 and is about 25-feet long, according to Coast Guard databases. There was no information available on when the last time the vessel had maintenance done or what certifications it may hold.
READ MORE: Lawsuit IDs barge owner in fatal Miami Beach sailboat crash. ‘Preventable tragedy’
The family of one of the surviving girls sued Waterfront Construction, and in the lawsuit more details were revealed on how the tugboat was operating.
At the time of the crash, the barge and the tug were allegedly traveling at 3.5 knots, said Lorenzo Palomares, an attorney for Rivas, a few months after the fatal collision. He also noted the captain was an experienced mariner, with 12 years navigating the waters around Miami Beach. The Coast Guard has not released the name of the captain.
Palomares said Thursday that he had not seen the Coast Guard’s report, but from what he has been told so far about the case, he does not understand how a manslaughter charge would be appropriate.
“How are you going to charge negligence with no drugs and no alcohol? They tested everyone on the boat, and they were all clean,” Palomares said.
Rosen refuted Palomares’ claim, saying the tugboat captain was reckless and should have been on the lookout for recreational boaters who frequent those waters. The barge was carrying a large crane, stationed in front of the tugboat captain’s pilot house.
“They had the opportunity to avoid this crash, and they just weren’t paying attention,” he said at the time. “Common sense shows this pilot and crew were distracted. This was a needlessly, preventable tragedy.”
Tugboat operator did not see sailboat separate from the other boats: lawyer
Palomares said the crew was looking out for other vessels, and actually saw the yacht club’s sailboat, which he said was part of a caravan of similar vessels traveling to Monument Island. But, that boat suddenly left the group and sailed into the path of the barge, Palomares said.
The tug captain had the caravan in sight and actually turned 10 degrees to ensure the tug and barge were clear of the group, but he did not see the sailboat separate from the other boats, Palomares said, stressing that tugboats pulling and pushing barges have very little time to react.
“The sailboat had strayed in the path of a 250-ton tugboat with the inability to maneuver,” Palomares said.
Length of tugboat means fewer regulations
The length of a tugboat is paramount according to maritime regulations, the Miami Herald found.
Until Thursday, the exact length of the tugboat involved in the fatal collision was unknown as the Coast Guard did not release the name of the vessel. However, with its official length listed as 25 feet, this means Waterfront Construction had fewer requirements and maritime restrictions to follow.
READ MORE: Coast Guard loopholes could be linked to barge crash, maritime experts say
Under federal law, commercial tugboats under 26 feet do not require the operator to be a licensed captain. The only requirement is that the operator be a U.S. citizen.
A commercial maritime expert told the Herald that tugboat companies often advertise ‘No Licensed Captain Required!’ for pushboats or truckable tugs.
While a licensed captain isn’t required, Coast Guard Navigational Rules still dictate that a lookout must be on board the vessel. Eyewitnesses interviewed by the Herald said they saw a barge crewman warning the tugboat operator only at the last moment before the crash.
And other eyewitnesses told the Herald they didn’t hear horns before the crash; navigational rules call for horns to signal when a vessel is approaching.
The Coast Guard’s Rules of Navigation generally grant the right-of-way to sailboats over engine-powered boats, but there are exceptions, including a vessel “restricted in her ability to maneuver.”
This is defined in the rules as “a vessel which, from the nature of her work, is restricted in her ability to maneuver as required by these Rules and is therefore unable to keep out of the way of another vessel.”
The exception includes one vessel towing another because the job “restricts the towing vessel and her tow in their ability to deviate from their course,” the Coast Guard rules say.
“This was a sad, sad, sad accident, and nothing more,” Palomares said.
This story was originally published October 30, 2025 at 3:27 PM.
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