A Marion County diving boat captain was found guilty this week of seaman’s manslaughter in the death of a diver who tragically drowned during a propeller malfunction in March 2020.
A federal jury found Dustin Sean McCabe, 49, of Ocala, Florida, guilty this week on the seaman’s manslaughter charges as well as for lying to the Coast Guard and committing Covid-19 relief fraud, according to a press release from the U.S. Attorney’s Office for the Southern District of Florida. Seaman’s manslaughter is a second-degree felony in Florida. Mcabe could face up to 10 years in prison for the seaman’s manslaughter charges, up to five years for lying to the coast guard and up to 20 years for the wire fraud.
McCabe is set to be sentenced June 12 before U.S. District Judge Aileen M. Cannon.
What Happened?
In March 2020, McCabe purchased a 48-foot boat which he named Southern Comfort. On Coast Guard forms, McCabe claimed he intended to use the vessel for personal use. Instead, he began taking paying customers out on scuba charters.
“He refitted the boat for that purpose by removing the vessel’s main deck engine controls, among other things,” officials said in a press release.
The vessel experienced mechanical malfunctions starting March 28, 2020. These malfunctions included propellers activating unexpectedly, the loss of steering and the vessel running aground. In one incident, a propeller activated while the vessel was in neutral and a diver was sucked in toward it. Thankfully, this diver was able to get away. The same cannot be said for 37-year-old Mollie Ghiz-Flynn, of Melbourne, Florida, who, a day later, was killed while participating in McCabe’s charter.
On March 29, 2020, McCabe took out more customers without reporting the prior day’s incident or performing maintenance and repairs on the boat. The passengers on the boat on March 29 were not notified of the risk or warned about the March 28 incident. As Ghiz-Flynn boarded the vessel with her husband, Sean Flynn, at the Breakers Reef dive site, 1.5 miles off Palm Beach Inlet, the propeller sucked her towards it. She suffered deep chop wounds and leg fractures as the propeller held her under the water, drowning her.
McCabe was barred from operating the Southern Comfort but applied for two loans from the COVID-19 Paycheck Protection Program, which was set up to provide relief to small businesses during the pandemic. On applications, McCabe lied, stating that his business was operational and submitted fraudulent payroll information and false tax documents.
Ghiz-Flynn worked with students with disabilities and adults with Asperger’s Syndrome. She is remembered by family members for her bravery, her love of the water and charisma.
“She was able to take control of any situation to ensure nothing or no one felt left out or forgotten,” according to her obituary. “No matter what was put in front of our “Baby Girl,” Mollie would excel and supersede anyone’s expectations!”
Leesfield & Partners
In a state with over 1,300 miles of coastline, it is not surprising that Floridians’ lives revolve around the water. From weekends spent swimming, diving and boating to livelihoods spent out on the water, boating is a way of life in the state. With that, however, comes an increased need for formal boater’s education, safety and responsibility. Tragically, this is not always the case.
Leesfield & Partners knows that better than most. In 48 years of personal injury law, the firm has handled numerous cases of boating injuries and deaths. In that time, Leesfield & Partners attorneys have become known as experts in maritime law, securing multiple record verdicts and settlements in the state for injured clients and grieving families.
In a bid to promote safety, the firm regularly posts boating and water safety advisories on its digital sign outside the Miami office. This sign, prominently displayed on U.S. 1, sees thousands of commuters daily. With these messages, the firm aims to remind people to remain vigilant on the water, remind boaters to never drink and boat and ensure they have all necessary safety equipment on board in case of an emergency.
Last month, when the parents of Lucy Fernandez, a 17-year-old high school student in Miami who was killed in a tragic boating accident in 2022, spoke out about a need for safety, Leesfield & Partners took to their Key West blog to join the conversation.
Ira Leesfield, the firm’s Founder and Managing Partner, was in agreement about the family’s call to expand boater’s education requirements. Using his over four decades of maritime law and personal injury litigation experience, Mr. Leesfield agreed that boat crashes are an ongoing issue in the state.
“The dangers from boating incidents are entirely underestimated as South Florida becomes more congested, drinking on the water becomes more prevalent and distractions from cell phones and other devices increases,” he said. “Important safety standards must be enforced on all watercrafts.”
Previous Cases
Leesfield & Partners represented the family of a 20-year-old woman killed in a boat crash. The vessel in that case crashed into a concrete dock, ejecting our client’s beloved daughter and other passengers into the water. In an investigation, our attorneys discovered that not only was the boat operator speeding at night when it is difficult to see clearly, but he was also drinking.
The firm secured over $1.3 million in that case.
A substantial settlement was secured by our attorneys in the case of a minor who lost a leg in a boating incident while the adults in charge negligently failed to properly supervise the children in their care.
Leesfield & partners also represented a family in the loss of their minor son. The child in that case was in the water when he was tragically hit and killed by another minor operating a boat on his own. The minor boat operator did not stop and, when he got home, attempted to cover up evidence and lied to police when questioned. Neighbors in that case testified that the minor boat operator was known to take out the vessel on his own and drive it recklessly.
Bernardo Pimentel II, a Trial Lawyer at the firm, secured the maximum, capped settlement for the family of an expecting father and husband-to-be who was killed on the water. The man in that case was lobster-diving when he was hit by a law enforcement officer who did not adhere to divers-down flag laws in Monroe County.
If you or a loved one was involved in a boating accident in Florida, don’t wait. Call a Leesfield & Partners attorney today at 305-854-4900 to see if you may be eligible to make a claim.