Thomas Tracy, John Annese
New York Daily News
(TNS)
A charter boat skipper says he’s blameless in the death of Belgian firefighter aboard a FDNY craft that crashed into his boat in New York Harbor.
Edward Mattiace, captain of a 36-foot charter boat named The Honcho, has asked a Brooklyn federal judge to clear him of any liability in the death of the Belgian firefighter, Sgt. Johnny Beernaert.
The Belgian firefighter was an unauthorized guest aboard the Fire Department’s Marine 1 Bravo, a 31-foot rigid-hull inflatable fireboat, when the crash occurred about 10 p.m. on the night of June 17.
FDNY Bans Civilians on Fireboats After Death of Belgian Firefighter
Mattiace, who operates under the name New York City Boat Tours, claims he did everything right when a still-unnamed firefighter piloted FDNY Marine 1 Bravo a high-speed joyride, and slammed into his boat near Pier 11, according to the court filing.
In court papers, lawyers for Mattiace maintain he going about 5 mph southwest on the East River, “with his running, navigation, and all-around white mast lights on and functioning properly, while maintaining a proper lookout, and in full compliance of the Inland Rules of Navigation.”
It was the FDNY boat’s pilot who failed to follow the rules, by speeding, not having enough crew members or a proper look-out, and not having the proper lighting or navigation equipment, Mattiace’s court papers say.
The tour company accused whoever was piloting the FDNY boat of taking its four civilian passengers out on an unauthorized “harbor tour.”
Marine 1 Bravo was traveling northwest at a “high rate of speed and without all available navigation equipment” and “without the proper lighting being displayed,” according to the filing.
“Without any negligence” on the part of The Honcho, Marine 1 Bravo “struck the Vessel on her portside bow at a high rate of speed of over 22 miles per hour in violation of the Inland Rules of Navigation,” Mattiace charges in court papers.
The Honcho’s six passengers were uninjured.
The FDNY boat was ferrying Beernaert and his wife, along with a retired FDNY firefighter and his wife.
Beernaert’s estate has filed a notice of claim to sue the city. New York City Boat Tours and Mattiace are asking for a judge’s order either clearing them of any liability for the crash, or limiting their liability to just $25,000 — the post-crash value of the Honcho.
The FDNY has not yet identified the on-duty firefighter at the helm of the boat, and as of Wednesday, the FDNY and Coast Guard’s investigations into the crash still hadn’t wrapped up, according to officials at both agencies.
After the crash, the FDNY dry-docked three Marine 1 fire officers — a lieutenant, a captain and a battalion chief — afterward, by pulling them from their regular duties and giving them administrative jobs within the Marine Unit.
Neither the firefighter on the boat, who the Fire Department says passed all drug and alc