Source: Office of United States Attorneys
MIAMI – This week, a federal jury in Fort Pierce found Dustin Sean McCabe, 49, of Ocala, Florida, guilty of seaman’s manslaughter (both in his capacity as boat owner and boat captain of the vessel named Southern Comfort), lying to the Coast Guard, and committing Covid-19 pandemic relief fraud.
South Florida Assistant U.S. Attorneys presented the following evidence at trial: In early March 2020, McCabe purchased a 48-foot boat, named it Southern Comfort, and falsely claimed on Coast Guard forms that he intended to use the boat recreationally. The truth was that McCabe planned to use the Southern Comfort to run paid scuba charters. He refitted the boat for that purpose by removing the vessel’s main deck engine controls, among other things.
On March 28, 2020, McCabe took paying passengers on a scuba trip aboard the Southern Comfort, but things did not go well. During the day’s two scuba dives, the Southern Comfort experienced significant mechanical malfunctions that included one of the vessel’s propellers activating unexpectedly, the loss of steering, and the vessel running aground. One of the incidents involved the port side propeller engaging when the vessel was in neutral during the pickup of a diver, which led to the diver being sucked toward the propeller and narrowly escaping.
Despite the close calls, McCabe took more paying divers out the next day, on March 29, 2020, without reporting the prior day’s incidents to the Coast Guard, warning his passengers of what had occurred, or fixing the boat. Again, the port side propeller engaged while the boat was sitting in neutral over a dive spot. As the victim diver and her spouse boarded the vessel, the propeller sucked the victim towards it – as it had done to a diver the day before. This time, unfortunately, there was no narrow escape, only tragedy: The propeller sucked the victim into it, mangling and cutting her. It twisted her leg up in its shaft, holding her under water. A medical examiner testified that while the victim’s many deep chop wounds and leg fractures were not fatal on their own, they caused serious pain that contributed to the victim’s death by drowning.
As a result of the March 29 death, McCabe was prohibited from operating the Southern Comfort. He was never again seen working at the marina. As federal prosecutors proved during trial, this did not stop McCabe from applying for two loans from the Covid-19 era Paycheck Protection Program (PPP) – a federal relief program meant to help small businesses financially survive the pandemic. To secure the loans (and later their forgiveness), McCabe falsely claimed in the applications that his business was operational and submitted fraudulent payroll information and fake tax documents to support the lie.
Sentencing is scheduled for June 12 at 10 a.m. before U.S. District Judge Aileen M. Cannon. McCabe faces up to 10 years in prison for seaman’s manslaughter, up to five years for making false statements, and up to 20 years for wire fraud.
United States Attorney Hayden P. O’Byrne for the Southern District of Florida and Special Agent in Charge Josh W. Packer of the Coast Guard Investigative Service (“CGIS”) Southeast Field Office made the announcement.
CGIS Southeast Field Office investigated the case, with assistance from U.S. Coast Guard Marine Safety Unit Lake Worth and the Florida Fish and Wildlife Conservation Commission Office of Law Enforcement.
Assistant U.S. Attorney Zachary A. Keller, Coast Guard Special Assistant U.S. Attorney Tanner Stiehl, and Assistant U.S. Attorney Jacob Koffsky are prosecuting this case.
You may find a copy of this press release (and any updates) on the website of the United States Attorney’s Office for the Southern District of Florida at www.justice.gov/usao-sdfl.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov under case number 24-cr-80103.
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