Conception Tragedy Update: Former Captain Appeals Conviction – What Divers Should Know

More than six years after the fatal fire aboard MV Conception, the disaster that claimed 34 lives continues to reverberate across the diving world.  Jerry Boylan, the captain convicted in the 2019 tragedy, has formally asked a federal appeals court to overturn his conviction for seaman’s manslaughter, according to a report in Courthouse News Service.

Boylan’s legal team argues that the original trial was marred by flawed jury instructions and an overemphasis on regulatory compliance rather than standard maritime practices. His defence contends that these errors compromised his right to a fair trial, yet the appellate judges appeared largely unconvinced during the hearing. One judge noted that, irrespective of procedural nuances, evidence of Boylan’s failures in safety training and firefighting response was “undisputed,” as highlighted in the Courthouse News Service report.

The court also heard that only one fire extinguisher was ever deployed, by a trapped passenger, while no hoses were used and no emergency announcements were made over the vessel’s public address system. These facts remain a central part of the prosecution’s case that the tragedy was entirely preventable.

The Conception Story So Far

The Conception fire broke out during the early hours of September 2, 2019, while the liveaboard was anchored off Santa Cruz Island. The blaze began on the main deck, trapping 33 passengers and one crew member below deck. All perished from smoke inhalation. According to the official investigation detailed by the Los Angeles Times, the likely cause was linked to overloaded electrical circuits from charging dive cameras and phones.

Federal prosecutors later found Boylan guilty of gross negligence for failing to assign a mandatory night watch and for neglecting proper fire-safety drills. The conviction, announced by the U.S. Department of Justice, was viewed as a landmark case for maritime accountability.

In May 2024, Boylan was sentenced to four years in federal prison. As reported by the Los Angeles Times, the sentence sparked outrage among victims’ families, many of whom argued that justice was far from served.

The Scuba News has covered the case from the early investigation through sentencing. Readers can revisit our complete coverage archive on The Scuba News: Conception Case Series.

Lessons for Divers and the Liveaboard Industry

Even as Boylan’s appeal moves forward, legal analysts suggest the core verdict remains on solid ground. Judges emphasized that failures in crew training, watchkeeping, and emergency readiness outweigh any technical legal argument about jury instructions, according to Courthouse News.

For divers, operators, and the wider liveaboard community, the Conception tragedy stands as one of the most sobering safety lessons in diving history. As outlined in a detailed analysis by Divers Alert Network, the incident triggered sweeping reforms in U.S. maritime safety standards, including stricter requirements for escape routes, night watch protocols, and onboard electrical management.

Should the conviction be upheld, it will set a clear precedent that unsafe operational practices aboard dive vessels carry not only civil consequences but potential criminal liability. For liveaboard operators worldwide, this reinforces the absolute necessity of active night watches, regular drills, and full crew training, without exception.