MIAMI – A federal jury in Fort Pierce has found Dustin Sean McCabe, 49, from Ocala, Florida, guilty of seaman’s manslaughter, lying to the Coast Guard, and committing fraud related to Covid-19 relief funds.
In early March 2020, McCabe bought a 48-foot boat named Southern Comfort. He lied on Coast Guard forms, saying he would use the boat for recreation when he actually planned to run paid scuba diving trips. To do this, he made changes to the boat, including removing important controls.
On March 28, 2020, McCabe took customers on a scuba diving trip. During the trip, the boat had serious mechanical issues, including a propeller that activated unexpectedly and a loss of steering. A diver almost got pulled into the propeller while boarding the boat.
Despite these problems, McCabe took more customers out the next day without fixing the boat or informing anyone about the earlier issues. Tragically, during the second trip on March 29, a diver was severely injured by the propeller and drowned because of her injuries.
After this incident, McCabe was prohibited from operating the Southern Comfort and disappeared from the marina. However, he later applied for two loans through the Covid-19 Paycheck Protection Program (PPP), which was designed to help small businesses during the pandemic. In his applications, he falsely claimed that his business was still running and submitted fake payroll records and tax documents.
McCabe’s sentencing is scheduled for June 12 at 10 a.m. before U.S. District Judge Aileen M. Cannon. He could face up to 10 years in prison for manslaughter, five years for lying to the Coast Guard, and 20 years for fraud.
U.S. Attorney Hayden P. O’Byrne and Coast Guard Investigative Service Special Agent in Charge Josh W. Packer announced the verdict.
The investigation was conducted by the Coast Guard Investigative Service Southeast Field Office, with help from the U.S. Coast Guard Marine Safety Unit Lake Worth and the Florida Fish and Wildlife Conservation Commission.
Assistant U.S. Attorneys Zachary A. Keller, Tanner Stiehl, and Jacob Koffsky are prosecuting the case.
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