The family of a teenager left with a permanent disability from a birthday party boat crash that killed another girl has reacted with dismay at the acquittal of the prominent Florida real estate broker helming the vessel.
George Pino was found not guilty by a Miami jury on Monday evening of manslaughter and felony vessel homicide after the 4 September 2022 boat wreck during a celebration that he and his wife, Cecilia, were hosting for their daughter’s 18th birthday, with 11 of her friends as guests.
Luciana Fernandez, 17, was killed when she was thrown from the boat after it collided with a steel channel marker in Biscayne Bay. Katerina Puig, now 21, received severe head injuries that left her permanently disabled.
Investigators found 61 empty bottles and cans of alcohol on board after the damaged, capsized boat was retrieved. But Pino, who denied that he was impaired or had been speeding, was never subjected to a breath test.
Puig’s family, in a statement after the verdict reported by the Miami Herald, criticized what they said was a flawed investigation into the crash – which ended with all 14 passengers onboard the 29ft vessel in the water.
“While we respect our system of justice and the role of the jury, we profoundly disagree with the verdict,” her parents, Kathya and Rodolpho Puig, said.
“Based on the evidence presented, we believe George Pino should have been held accountable for the reckless operation of his vessel.
“We are deeply disappointed by today’s verdict, and our hearts hurt for the families who continue to live every day with the unimaginable loss of Lucy. For nearly four years, our family has lived with the consequences of that tragic day.
“We see Katy’s injuries every day. We see the challenges she continues to face, the strength she demonstrates in overcoming them, and the impact this tragedy has had on her life and the lives of those who love her. No verdict can change those realities.”
Pino broke down in tears and hugged friends and relatives after his acquittal by a jury of five men and one woman at the conclusion of a two-week trial. His lawyer, Howard Srebnick, said in a statement that the verdict was the right one.
“From the beginning, we have maintained that the events of September 4 2022 were a tragic accident, not a crime,” he said.
“The testimony presented at trial, including unrebutted accounts from eyewitnesses who saw no signs of impairment, confirmed that Mr Pino was not under the influence, was not operating the vessel recklessly, and that he did everything he could to protect his passengers after the accident.”
Several friends of Fernandez and Puig, a talented soccer player, testified during the trial. All four admitted that they had been drinking while underage and were feeling “buzzed”. Pino, 55, told investigators he had drunk only two beers and was sober.
Pino was originally charged with three misdemeanor counts of careless boating. When new evidence later came to light, those were upgraded to felony charges and could have brought a 15-year prison sentence.
The Florida fish and wildlife conservation commission, whose employees conducted the investigation into the crash, changed several policies after criticism of its handling, including the failure to test Pino for sobriety and the deletion of officer-worn bodycam footage of the wreck’s aftermath.
Civil suits filed by the Puig family resulted in a $16m settlement with Cecilia Pino to pay for their daughter’s ongoing medical care, and a separate, undisclosed settlement with George Pino.
Miami-Dade county state attorney Katherine Fernandez Rundle said in a statement she sympathized with everybody affected by the case.
“Sadly, I know that this verdict brings no comfort to the Fernandez and Puig families who forever must live with the tragedy of what happened,” she said.
“In a case like this, there are no winners or losers. Mr Pino must live with what he did, while the Fernandez and Puig families will grapple with the consequences of his actions.”
Disclaimer : This story is auto aggregated by a computer programme and has not been created or edited by DOWNTHENEWS. Publisher: theguardian.com
