George Pino charged with vessel homicide in crash that killed a girl. What does that mean?

At a brief court appearance Thursday morning, prosecutors charged Doral real estate broker George Pino with felony vessel homicide — more than two years after he crashed his boat into a concrete channel marker in Biscayne Bay, killing a 17-year-old girl and severely injuring her classmate.

Prosecutor Laura Adams announced the new charge before Miami-Dade Circuit Court Judge Lizzet Martinez, who transferred the case to felony circuit court. Previously, the state had charged Pino with three careless boating misdemeanors in the Sept 4, 2022, boat crash that killed Luciana “Lucy” Fernandez, an Our Lady of Lourdes Academy senior, and severely injured Katerina Puig, a Lourdes soccer team captain.

The new charge stemmed from a witness who came forward after reading articles in the Miami Herald that detailed how boaters who were immediately on the scene after the crash were never contacted by state investigators. The new witness, a Miami-Dade firefighter who was on the scene shortly after the crash, told prosecutors that Pino showed signs of being intoxicated when he came upon him in the bay.

READ MORE: New witness leads to felony homicide charge 2 years after boat crash killed Lourdes girl

Here’s what to know about the vessel homicide charge:

What is vessel homicide?

Under Florida law, vessel homicide is the killing of a person through the reckless operation of a boat. It’s considered a form of manslaughter, said attorney Roy Kahn, a former prosecutor-turned-defense attorney with decades of experience.

To prove the charge in court, prosecutors must show that the victim is dead, the boat’s captain piloted the vessel in a reckless manner and the victim’s death was caused by the captain’s driving, Kahn said. The offense is virtually the same as vehicular homicide.

What’s the possible punishment?

Second-degree vessel homicide — the charge Pino faces — carries a maximum penalty of 15 years in prison and a $10,000 fine, if he were to be convicted.

But the law also includes a first-degree vessel homicide charge, which carries a maximum penalty of up to 30 years behind bars.

“Once you prove that it’s vessel homicide, the [punishment]... would be increased to first degree if at the time of the accident you knew or should have known that the accident occurred and you failed to give information and render aid as required,” Kahn said.

How does it differ from manslaughter?

Unlike vessel or vehicular homicide, manslaughter doesn’t require a boat or a car. Manslaughter centers around a person’s negligence causing another’s death, Kahn said.

“So you could be in a bar... in a fight and you pick up a bottle to hit somebody, not in self defense, not intending to kill them, [but] just being negligent culpably would be manslaughter,” the attorney said.

In vessel and vehicular homicide cases, the law exchanges negligence for reckless operation.

“The law says, ‘If you’re using that [vehicle or vessel] in a reckless manner, it’s culpable negligence,” Kahn said. “The terminology is a little different, but the wrongful conduct is pretty much the same.”

Vessel homicide cases, however, are rare, said Kahn, who has prosecuted and defended manslaughter cases over four decades.

“Hitting another boat is more rare than is hitting another car and causing a death at 95 miles an hour,” he said.

This story was originally published November 1, 2024 at 5:00 AM.

Grethel Aguila

Miami Herald

Grethel covers courts and the criminal justice system for the Miami Herald. She graduated from the University of Florida (Go Gators!), speaks Spanish and Arabic and loves animals, traveling, basketball and good storytelling. Grethel also attends law school part time.