New felony charge against boat owner in 2022 Labor Day crash that killed teen in Biscayne Bay
MIAMI - A man involved in a deadly boat crash two years ago in Biscayne Bay, in which a teen girl died and a second was severely injured, is facing a new charge.
George Pino, a prominent real estate broker, is now facing a felony vessel homicide.
Last year, Pino was charged with three misdemeanors; one count of second-degree careless operation of a vessel causing and two second-degree counts of careless operation of a vessel causing serious bodily injury. Those charges have now been dropped in favor of the felony charge, which has a minimum sentence of 15 years and a maximum of 30 years in prison.
The crash happened over the 2022 Labor Day weekend. On Sept. 4, George and Cecilia Pino were hosting several teen girls for their daughter's birthday party. All of the girls on the boat were lifelong friends and students at Carrollton School of the Sacred Heart and Our Lady of Lourdes Academy.
Investigators said Pino was piloting his 29-foot Robalo vessel, powered by twin 300-horsepower engines, back to the dock when it hit a channel marker near Boca Chita Key. According to Miami-Dade Fire Rescue, Pino said another boat came by creating a big wake and when he turned to check and make sure all of the girls were okay he hit the marker.
The catastrophic boat crash knocked everyone out of the boat and tore a large hole in the side of the vessel. Eleven of the 14 boat passengers were hurt. Six of them were taken to the hospital where Our Lady of Lourdes Academy senior Lucy Fernandez, 17, would later die. Classmate Katy Puig suffered a traumatic brain injury.
"I think it's a day that's going to least lead to closure for all the families who are involved, who've suffered," said Joel Denaro, the Fernandez family's attorney.
In announcing the misdemeanor charges last year, Miami-Dade State Attorney Katherine Fernandez Rundle's Office said they were filed after an "extensive marine investigation" conducted by Florida Fish and Wildlife Conservation Commission law enforcement officers (who) meticulously reviewed every aspect of the incident."
According to the Miami Herald, three eyewitnesses they interviewed weren't contacted by either the State Attorney's Office or the Florida Fish and Wildlife Conservation Commission.
According to Denaro, the felony charge came after more eyewitnesses came forward, giving the state a stronger case.
Also, Pino was never administered a sobriety test. The FWC maintained it didn't have probable cause to perform the test because Pino acknowledged to investigators he had "two beers" and didn't seem impaired at the scene, according to the Miami Herald.
When the boat was pulled from the water the day after the crash, 61 empty alcohol bottles, including an empty bottle of champagne, were found on it, according to the Miami Herald.
"There's no question that alcohol was a factor," Denaro said. "And with the discovery of the new witness, it became clear that this was a factor that contributed to the accident."
In statement provided to CBS News Miami, Pino's attorney Howard Srebnick said "I am dismayed by the State's surprise decision to file this new charge more than two years later."
"Officers on the scene of the crash determined that Pino was not intoxicated; Pino did not exceed any posted speed limit, Pino had the required number of Coast Guard-approved life preservers on board the vessel, and despite sustaining a head injury himself (requiring fifteen stitches), Pino made heroic efforts to rescue the injured passengers, including diving under the capsized boat," he continued. "This was an accident, not a crime, much less a felony."
In March of last year, the parents of Katerina Puig filed a lawsuit against the Pinos. The suit claims the Pinos allowed the teens to drink alcohol during the outing and that George Pino had also been drinking before the crash.
