Cruise security instigated man overboard incident: lawyer

MIAMI - The attorney for family of a man caught on dramatic video clinging to a life raft before plummeting to his death on a Royal Caribbean cruise ship insists he did not jump on purpose, and the crew did not do enough to rescue him.

The cruise line said after the incident that 35-year old Bernardo Elbaz jumped, but attorney Mike Winkleman told CBS Miami the available video evidence shows a man holding on for dear life.

Winkleman said the victim and his husband were both recording video on their cell phones prior to the incident, and it may be key to showing what lead up to the fall.

"I'm hoping that sheds further light on what actually occurred in that stateroom," Winkleman said. "After Bernardo had fallen into the water, they basically tackled (Bernardo's husband) Eric and ripped his phone from him, basically stealing his phone."

He added that the Broward Sheriff's Office later returned the couple's phones when the ship arrived at Port Everglades on Saturday. The Broward Sheriff's Office is investigating the situation, and has so far not issued any blame.

"The surviving husband is distraught," Winkleman said of Eric Elbaz. "They were married for over a year. They lived together in New York City and they were on the cruise to celebrate Eric's birthday. And obviously, it turned into a nightmare. We want a full and fair investigation."

The actual fall was caught on video by a passenger's cell phone and uploaded to Youtube.

In the video, Elbaz is seen dangling from a lifeboat rafter on the side of the Oasis of the Seas while people scream as arms reach out to him. But suddenly, he drops into the ocean.

Winkleman said it was Royal Caribbean crew members who instigated the situation.

"Throughout the cruise, there were anti-gay remarks crew members were making against them," said Winkleman.

That escalated into a huge dispute Thursday night while the couple was at a bar. Ship security was needed to intervene.

"A big altercation ensued," explained Winkleman. "That ultimately led to Bernardo falling over the balcony of his stateroom and ending up on the lifeboats."

Winkleman is now looking into what he says were negligent rescue efforts.

"If Royal Caribbean was on the scene when this was happening, why didn't they rescue him? Why wasn't more done? Why wasn't a life ring given to him," asked Winkleman.

CBS Miami reached out to Royal Caribbean but haven't heard from the company.

GRAPHIC VIDEO: Edited video shot by passenger shows man clinging to lifeboat before dropping off.