MINEOLA, N.Y. — A 34-foot yacht that capsized last year while leaving a July 4 fireworks show, killing three children, tipped over because it was overcrowded, a New York prosecutor said in a report released Wednesday.
Nassau County District Attorney Kathleen Rice, who said earlier this year that no criminal charges would be filed, noted that despite the findings, federal boating regulations still do not require capacity limits for vessels 20 feet and longer.
"Some people maintain a cultural belief that pleasure boating is the last bastion of recreation that is free from over-regulation," the report said. "Unfortunately these views tend toward a sentimental oversimplification of the nature of recreational boating."
The Silverton yacht called the Kandi Won had 17 adults and 10 children on board when it spilled into the waters of Oyster Bay shortly after 10 p.m. and quickly sank. The children who died, ages 12, 11 and 7, drowned after becoming trapped inside the cabin. Two adults tried desperately to rescue the children, but they quickly became separated in the dark as water inundated the vessel, the report noted.
The 52-page report cited the findings of Neil Gallagher, a professor of marine engineering and naval architecture at Webb Institute in Glen Cove, N.Y.
Gallagher noted that it's not clear whether a passing boat or steering and throttle movements influenced the capsize, but the accident "was very likely to have occurred given the loading."
The yearlong study also found that neither the boat's owner, Kevin Treanor, nor the man operating the vessel, Sal Aureliano, were intoxicated. In fact, blood-alcohol testing found each had a reading of 0.00.
It also said weather did not appear to be a factor, although it noted thunderstorms were in the forecast.
