Captain of Ethan Allen Incident Indicted

A cruise line owner and the captain of a boat that capsized in 2005 in upstate New York, killing 20 elderly tourists, were indicted Monday on criminal misdemeanor charges.

A grand jury charged both Shoreline Cruises and Capt. Richard Paris with failing to have enough crew members aboard the Ethan Allen tour boat when it flipped over in Lake George, sending its passengers into the chilly water. Paris was the only crew member aboard; state navigation law required at least two for the 47 passengers on board that day.

The grand jury also made several legislative recommendations, Warren County District Attorney Kate Hogan said at a morning news conference. Details won't be released until a county court judge accepts the report, she said.

"They were greatly moved by this case," Hogan said of the grand jury members.

A statement from the panel said: "This accident was a great tragedy. Our hearts go out to the victims, their families and friends."

There was no immediate response to calls seeking comment from Shoreline, Paris and their lawyers.

The charges are punishable by up to 15 days in jail and/or a $250 fine.

Hogan said the grand jury could not hand up a more serious charge, such as criminal negligence, because there was not enough evidence to show that Shoreline or Paris knew the boatwould capsize.

That last part is sure to upset the families of those who lost loved ones on the cruise aboard the Ethan Allen to view the sights around Lake George.

UPDATE:
There are currently lawsuits pending by the families of the victims against the operator and those involved in the design and retrofitting of the boat. The boat had been retrofitted, which altered the center of gravity and made it more susceptible to capsizing when filled with passengers. Also, the grand jury called on the state and federal government to review and update water safety guidelines including requiring drug testing for operators.