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Subscribe to RSSPolice say a massive wave may have knocked 27 people from a yacht during an Independence Day celebration near New York's Long Island, leading to the drownings of three children. WNBC's Jonathan Vigliotti reports.
Three children died and 24 other people were rescued after being pulled from the Long Island Sound after their yacht capsized on the Fourth of July, Nassau County police say.
Authorities say the group had been out watching fireworks on Oyster Bay to celebrate Independence Day when tragedy struck. The cause of the capsize is under investigation, though officials believe weather, overcrowding or a massive wave from the wake of another boat may have been factors.
Nassau County Deputy Inspector Kenneth Lack said two of the child victims were recovered from inside the sunken yacht after a long overnight search. Another was pulled from the water Wednesday night. The victims were David Aurelino, 12, Harley Treanor, 11, and Victoria Gaines, 8.
Authorities said the boat party was a group of family members and friends who were returning from a fireworks display when their vessel capsized and began sinking. Two people were operating the boat, and investigators say there is no evidence they were intoxicated when the accident happened.
Someone called 911 just after 10 p.m. Wednesday to report the accident, and nearby civilian watercraft helped officials in the rescue effort.
For more, visit NBCNewYork.com
The U.S. Coast Guard says survivors were pulled from the water after the 34-foot Silverton capsized. All 27 passengers had been in the water at one point, police said. Most of them were taken aboard other crafts very quickly, he said.
Police say the rescue operation was hampered by the number of victims in the water, the time of day and the number of boats out celebrating the holiday.
Lack says some but not all passengers had been wearing life jackets. Authorities said part of their investigation would delve into whether there were enough life jackets on the yacht for all the passengers, which is required. It's also required that anyone younger than age 12 have a life jacket on when outside the boat's cabin.
A special marine warning was in effect for that particular area of the Long Island Sound late Wednesday night. Radar captured between 10:30 p.m. and 11 p.m. showed a severe thunderstorm crossing Oyster Bay with winds of up to 40 mph.
Coast Guard Petty Officer Anthony Kozak said the Silverton yacht was submerged about 60 feet under water three miles off the coast of Oyster Bay.
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Leave a Comment:
That was too many people for a 36' Boat. 4th of July sounds like booze was involved
A 34' boat is not a yacht. Generally any boat under 40' is referred to as a cabin cruiser. Anymore most boats under 60' are not called yachts unless you are trying to sell it. A yacht does not capsize when a wake from a larger boat hits it. We have a 40' boat that I would probably not put 24 people on unless we were docked. Tragedy for sure....stupidity probably.
Tragedy; boat very overloaded, no doubt not 27 life vests on a 34 foot boat; sad for the parents of the children, 34 ft silver ton is not a deep draft boat, with that much weight aboard it prob-ally rolled over very fast, tragedy for all; owner has strict liability, under maritime law.
oh ah, as a lifetime sailor, I have to point out that your definition of a 'yacht' is not correct. A boat used for recreational purposes, GENERALLY over 26' can be called a yacht. The whole 'cabin cruiser' thing sounds like something from Wikipedia.
27 people on a 34-foot boat. What were they thinking? I'll bet the "massive wave" was about a foot high, and went right over the stern.
Probably didn't help that half were on the flying bridge...
As for the definition of a "Yacht" versus a "Boat" a friend of mine once gave me the best definition:
"If you step onto the boat, and it doesn't move, its a Yacht"
By that definition, a 34-footer is borderline. I know my 28 certainly wasn't!
The US Coast Guard legally defines any boat larger than 26' as a yacht. Certainly most people who own a 26' foot would be pretty pompus to refer to it as a yacht in every day speech, but a 34' flybridge like the boat in question could be concievably called one even in dialogue. A cabin cruiser is a term used generally to describe any boat with a cabin, designed primarily for casual crusing use, not fishing, and has no bearing on size. No boat of any resonable size, certainly 34', should capsize when another boat's wake hits it if properly loaded.
Surprisingly no alcohol was involved (so they say) yes, that boat was overloaded(whether it be a yacht or boat......Sailors with no pretension generally call ALL their boats, just that: a boat. My dad's 37' sloop was a boat, we never thought of it as a "yacht") BACK TO THE REAL ISSUE: JUST WHERE WERE THE PARENTS OF THESE KIDS?????? AND WHERE WERE THE KIDS' LIFE JACKETS???? Most people have said that I'm kind, and I believe that...I've even had a child die (from illness that couldn't be cured). But I'm not so charitable here: I HOPE THESE PARENTS FEEL THE GUILT FOR THE REST OF THEIR LIVES.....AND MAY THE TURN IT TO BENEFIT OTHERS, however that might be.
Thanks, Beach Sail. I had no IDEA that hole in the water I've been swearing at is a YACHT! I might re-think the whole thing. Does this mean I can go to the Cote d'Azur now?
Possible that everyone moved at once to one side to view something. 27 people, thats at least 4000 lbs on a 34ft craft.
Meriweather,
It is my understanding reading about the incident that two of the children were in the cabin who died. Life jackets would have in fact made it impossible for them to escape the cabin while capsized. Just saying...
oh ah (#1.1): Actually you're wrong. A yacht can be even less than 30 feet, and a "cabin cruiser" is simply a name for one of the types of yachts. You simply have one that is larger. Beach Sail (#1.3) was right to point out your error. Still, there is no way that 27 people should have EVER been put on that 34-foot vessel, and the ultimate price was paid for doing so. What a terrible event.
That's pretty harsh! The kids were 8, 11, and 12. They may have been in the cabin when it flipped.
We live in Florida, and our kids NEVER wore life jackets at those ages. Of course our boat has life preservers handy, but they never actually wore them.
In Florida, a child under the age of six (6) must wear a U.S.C.G. approved Type I, II, or III personal flotation device while onboard a vessel under 26 feet in length while the vessel is underway. “Underway” is defined as anytime except when the vessel is anchored, moored, made fast to the shore, or aground.
In Federal waters, each child under thirteen (13) years old must wear an appropriate USCG-approved personal flotation device while on a recreational vessel that is underway unless the child is below deck or in an enclosed cabin.
You don't need to "wish guilt" on the parents, I'm sure they will feel it without your help!
Jo-An-4354969, When YOU are the one pulling the dead bodies out of the water you might feel differently when it was so easily preventable. I am not sure they will feel any responsibility. Surprisingly, many parents do not. They may see themselves as victims... and start a foundation that pays them a salary for life... after they sue. Ask any Coast Guardsman.
They were THREE MILES OFFSHORE, so according to Federal law, all should have had life jackets on unless below.
Uncle Bill, it is my understanding that two of the children were in fact stuck in the cabin who drown. In a Capsising incident a life jacket can in fact become a death sentence if you become trapped below the hull and cannot quickly remove yourself from your vest to swim to saftey.
That was MY POINT, the children may very well have been below!
Wishing guilt on a parent is disgusting...
Way too many people on the boat! It's a horrible tragedy that clearly could have been avoided.
With that many people on a boat that size I have no doubt that overloading played a major part in this tragedy. There is no way that it is safe to have 27 people on a 34 foot boat. I would also bet that there were not enough life jackets on board (I have never seen a pleasure boat that size with that many life jackets on board) not that I think that would have made much difference, at least for the two kids that were trapped in the boat's cabin. Even had they had the life jackets on board, it is doubtful that the kids would have been wearing them since, unfortunately, most people ignore the rules on kids wearing life jackets when on deck to start with. The owner of the boat is in for some very serious legal troubles both for overloading his boat and for violating safety regulations by not having adequate life jackets and requiring the children on deck to wear them. The strict liability that applies to vessel operators under US law is going to hold him responsible for these deaths.
When the 27 people were walking on the dock to get on a 34 foot boat, somebody should have remembered that line from the movie "JAWS"......." We're gonna need a bigger boat".....
Still, a very sad day for those involved....Coulda, Shoulda, Woulda won't bring those kids back....but maybe prevent it in the future...
I was a Lobsterman for twelve years and owned a 40' boot.It was called a Commercial Fishing Vessel(FV)and it had a cabin.A yacht is a big,generaly 50' or more boat.Different length boats have different life/survival requirements.No matter how many people aboard there should have been enough life vests for everyone.A wake or big sea on could have easily pulled the stern of a closed stern boat down which most pleasure cruisers are,with that many people aboard.Captain(s) are always accountable for the crew.Their life is depending on your seamanship!Sorry to hear lives where lost,their souls belong to the Ocean now.
34" is a YACHT ??? 27 people on board ?? Sounds like negligent homicide to me.....
27 people on a 34 ft boat ? Sounds like about 17 too many.
Sounds like about 23 too many! How could you possibly stuff 27 people on a 34' boat?
When you are rich and drunk one can do anything you want to do.
Suds...
A 34 ft boat is hardly an indication of wealth regardless of whether or not if one chooses to call it a yacht.
To many people on board.
As a former owner of a 40 ft Silverton Aft cabin, the max number of passengers I would permit was eight. I carried life jackets for ten, 27 people on board is crazy.
wow, 27 people in a 34 ft boat?! I have a 25' boat and I get nervous any time there is more than 4. Unfortunately incredible stupidity rules the day and many lives are affected. Seems like a harsh penalty, tragic... Also seems like there was some snotty weather. I imagine the boat was top heavy with all those on the fly bridge and once it started rolling it was a foregone conclusion it would go over.
I searched online for the specs on this boat and the closest I could come was this one from a boat charter service out of the Chicago area for a very similar Silverton boat of the same size and style.
Chicago Luxury Yacht Charter: 34 ft Silverton.
Basic Specs;
Lenght: 34 Foot.
Manufacture: Silverton
Hourly Rage: $500 per hr.
Maximum Passengers: 15.
Engine: Twin
Hull: Fiberglass
Please keep in mind that the recommended weight capacity of any boat is never to be exceeded even though it may list people it can carry up to 15 people, as in, 6 people, 10 people etc,
Usually it states something like this, This craft can carry a total of 1500 pounds in gear, accessory's, etc, so it could carry like 9 people @150 pounds each and then 600 pounds in gear or extras like, food, sodas, clothing etc.
How the boat is loaded is another factor as well.
If this boat had a "Fly Bridge" on it and a lot of the people were up there then a wave could easily flip or capsize this craft.
In my opinion this boat was overloaded unless all the people on board were very small people and then law states that you must have life preservers for each passenger plus throwable PFD's as well.
This is a huge tragedy and my condolences go out to all those affected.
Muddie Mike is right...common sense in a sea of nonsense
One must concur with you that overloading was a factor. The storm and overloading are enough to sink a ship without the top-heavy factor.
Regretfully, the children in the cabin were lost no matter what. They were likely sleeping, and sleeping children don't usually make it out alive when ships go down. Sadly, life jackets would have made little or no difference to their survival.
Sometimes children die. Accept this as a tragic fact of life.
This was a tragedy to be sure, but as a former boater with over 40 years experience I can offer the opinion that both the operator of the Silverton and most of the other operators around him were unqualified to be at the helm. A part of the reason I finally got out of boating was the proliferation of outright morons on the water. And as has been stated already, 27 people aboard a 34' boat is an overloaded vessel.
It is tragedies like this that will bring out calls for licensing, and quite honestly, I'm starting to agree with that thinking. All it takes to buy a boat is money. No previous experience, no showing of ability. Sure, licensing alone won't stop stupidity, but it will have an affect on some of it.
crankypaul.........Agree, but those exact same morons are driving on our roads every day at high speeds while texting, etc, as well ! Morons are everywhere !
Morons are everywhere and they are always the "other guy", SNORT!!!!!! Drivers have to have a license. Boaters can just be drunk idiots who want to own a boat....
Licensing doesn't prevent stupidity. Boating drunk here already impacts your driver's license. Sure as heck doesn't prevent anything in much the same way it has never stopped drunks from driving.
It is the mentality of "I bought it, so I know how to drive it" - right?
Packed boat like Cubans
over loaded by 16
Your comments are making me think about this. Yes that many people standing on deck would seem to have made the yacht top heavy and unstable. If it was indeed in a turn and was hit by the wake or wave at the same time, that would be three factors all in the same direction.
I feel bad for everyone involved and for those who lost a loved one.
They were returning from watching fireworks and there was a dreadful storm; that's sufficient trouble for any mariner. There's no need to add anything else.
An overloaded vessel and a dangerous storm are plenty of factors for a sinking.
That many people and no life jackets? Sounds like someone is going to jail, or should go.
Titanic anyone?
sauve---that was my first thought---kids with no life jackets? safety was ignored-kids pay the price. tragic loss.
Granny, I usually agree with your posts. However, this time we must agree to disagree. If you read the article closely, you'll see the children who drowned were in the cabin and had little chance to escape death. I'm sorry but it's true. In the cabin life jackets wouldn't have made any difference when the vessel overturned.
This is my own speculation: it was late and the kids were asleep in the cabin. When the vessel overturned they drowned. In the dark night and the chaos of the storm, this tragedy couldn't have been prevented even had there been rescue divers accompanying them.
peridot--thanks for the reply--did not know they were asleep in the cabin--but seems boat was too small for that many passengers. so tragic---
Carl, you're absolutely right. Way beyond overloaded past capacity. On the 40' dive boat I ran out of Key West, I've had a mass of passengers rush to one side to look at dolphins, and the heel to the side throw me out of the helm seat and if not for the bimini frame on the flybridge, over the side. That boat was rated for 40 passengers or 22 divers and displaced 19 tons. The Coast Guard figures passenger load at 150lbs per person, which at that figure would have meant over 2 tons of shifting cargo (people, loose gear,etc) suddenly piling up on one side. Add to that the force of a large boat wake or wave on the "high" side, and that boat didn't have a prayer. If that owner/captain is among the survivors, I'd bet he's going to be talking to a judge and jury in the near future.
Your comment lacks credibility...40 foot boat rated for 22 passengers...threw you out of the helm seat?
To lie like that you MUST be a Democrat!!!
To make a stupid statement like that you MUST be an idiot!
Bubba, you obviously lack reading comprehension. It was rated for 40 passengers OR 22 divers (due to their heavy gear). Trust me, I've gone through enough mandated annual CG inspections of Inspected Passenger Vessels with that boat that even now I can quote you chapter and verse on her specs and requirements. One of which is to have the load rating for passengers stenciled where visible to all.
In my lifetime, I've been called a lot of nasty, despicable, and pathetic names, but never something as low as a Democrat. That really hurt, cut me to the quick you might say.
Bubba, you lack credibility as a person of marginal intelligence. Whoever named you Bubba knew early on you were headed for the Dumbass Hall of Fame.
Bubba, to be as dimwitted as you are - you MUST be a Republican.
See? Idiotic labels can go both ways.
You expected something better from a person with the name "Bubba"?
Tackandcover, would that be classified as a self-fulfilling prophecy or a portent of doom?
Recipe for disaster:
27 people on a 34' boat with a shallow draft, most of whom were probably sitting on the fore-deck, created a top heavy craft which would not have handled a wave from astern. A wake from another boat of similar size would have been sufficient to cause a 34' Silverton to heel over. Fault lies with whomever was at the helm to have had passengers in the cockpit area to keep the center of gravity down.
Quibbling over whether this was actually a "yacht" is pure poppycock. If people would take the time to 'google' the boat in question they would notice the vessel in question has a high freeboard and not much room on deck for the number of people involved.
As opposed to the artificial poppycock?
Artificial works just as well, it's difficult to comprehend the number of people who got into a duel of semantics over the reference to the vessel in question as a 'yacht'. Just venting some frustration over the meandering of some minds during the reporting of what was a tragic turn of events.
As a CG veteran it galls me whenever an avoidable incident such as this occurs.
Ummmm
24 people on a 34' boat? The owner had better be one who didn't survive. He/she is truly at fault.
Just goes to prove,that just like New Years' Eve, the Fourth of Jul is amateur night when it comes to drinking. Best to just stay home.
2 THINGS WE KNOW FOR SURE.....
'
1. This Tragedy could have been avoided.
2. It's George W. Bush's fault ! ! !
How do I know Bush caused this...?..... Well, I don't....but I AM going to watch MSNBC this today, they always find a way to blame Bush for EEEEEEverything.
Oh, go away! You are an obnoxious twit!
From your screen name, I would guess you are allergic to yourself.
WBrock, clearly you missed the sarcasm...
Go watch Fux News...they are still trying to blame Clinton for stuff shrub did...like let 911 happen on his watch...this is too easy sometimes...
Hey stupid, Just think, (for once) if Mcsamey and Dopey were elected in 2008, everything bad would still be Clinton's fault. That is what they said on Fox for all 8 of the horrific Bushwacker years.
Big Deal! During the Clinton Administration, they were blaming HW, and of course Reagan blamed Carter and Carter blamed Ford & Nixon... whom of course inherited the mess LBJ made... whom got a raw deal with Kennedy, whom had to deal with what Ike left... ENOUGH! STOP THE MADNESS!
Well, Reagan did initiate the war on the middle class. He also accelerated deficit spending well beyond any previous president. All the while touting his Laffer Curve, which as we all know now, is a laugher! And the GOPers are still trying to copy him.
How in the world did you people get into politics regarding this story? People died, and it's a sad tragedy, and you guys are going on and on about the Republicans & Democrats? Good grief. People can be so ridiculous. My condolences to the families of the people that lost their lives.
U.S. Coastguard Boating Safety reccomends 4 lineal feet per each occupant. The safe amount of passengers should have been about 9 plus the operator.
I don't necessarily agreed with the lineal feet per passenger recommendation. It depends on the type of boat, design, displacement, etc. Not a bad rule of thumb for starters, though. There are SO many variables in boating, including the weather. I have a 30ft. sailboat, generally have no more than 6 on board. However, my life raft only holds 4 people so that would be the max on a trip far from shore. In this case, we're looking at a completely irresponsible captain who overloaded his boat and likely didn't have enough safety equipment for his passengers. Absolutely no excuse for this type of behavior on the water.
See people like Sammy Balasso that used his spot light on his 38' speed boat and rescued people is a "TRUE HERO!!!!" He wasnt trained for it or paid to do it! See thats the differance folks!
One rule on the water: When there is a problem, you help. Period. Know why? Because one day, you might be in the position of needing help. Period.
For the parents of the children who died, "Blessed are those who mourn, for they will be comforted".
But where the heck were the PFDs for these children???
I only went sailing once and demanded I have a life jacket and not a cushion. They all thought I was paranoid and maybe I was.
I agree with Dame808, This is a true hero!
One cannot wear a life jacket and hold a martini glass. So uncool.
I'd rather look uncool and be safe than look cool and not be safe. It's uncool to die while on a boat. ;-)
The wake isn't just a natural occurrence. There was another boater involved who obviously had a big boat and was driving too fast and putting up too big a wake for the area of a bunch of Fourth of July boaters. Yes, the capsized boat was overloaded, but how about the one who was throwing up a big wake -- Even if it was a zone where speed was allowed, doesn't the boater who threw the wake want to step up?
Ric from Fla!
BOTTOM LINE: The owner is responsible for the over loading and should be prosecuted(manslauter) for his unlawful action of having "way too many" people on board. Iv've owned four boats from 16' to 27'.
The Coast Guard should present evidence for eventual prosecution. (Wake or no wake!)
As far as I know the boat was no longer at anchor, but was under way when it encountered the wake (the story mentioned the yacht turning before it took the wake, sounds like away from the wake instead of in to it, taking it on the beam instead of the bow). Also, if you know anything about boats you should know that a planning hull throws the most wake when it is getting on plane, not going "too fast." Wake is a reality of boating, if you aren't prepared to react to it, you certainly shouldn't be on the water. A boat with a proper load would not have capsized from anyone's wake. The reponsibility rests fully on the owner/operator of the overloaded vessel, period.
I beg to differ, I own and operator a very seaworthy 36' powerboat and once was overtaken in the cape cod canal by a 60+ ft vessel exceeding the headway speed and displacing a solid 12 ft wake, I had no choice but to take the wake abeam and it is the only time in my boating history I ever took green water over my gunnels and damn near capsized..not to bash anyone but this jacka$$ hailed from NY.
First off, I highly doubt any 60 ft vessel was throwing a 12 ft wake, a large wake sure, large enough to go over the gunnels, sure, but 12 feet? Not unless it had a horrible hull design and was running at the worst possible trim. 12 ft is 30kt winds offshore with gusts kind of weather, nothing one would expect to see as boat wake.Bbut again I could see 6 feet or so, and enough to go over the sides if taken at abeam. Nothing from this story indicates that the wake in question was exceptionally large as your circumstances describe. With 27 people, and a large number of them high on the flybridge raising the center of gravity, probably overeacting to the rocking of the boat, it wouldn't take much for disaster to happen. Just physics at that point.
Anyway my point was there is no reason to be trying to asign blame to anyone at this point but the idiot that let 27 people on the boat in question. You are resonsible for your wake, but there is no reasonable expectation that you need to slow down to no wake to pass other boats that are also underway, if that was the case no one would ever get anywhere on a boat.
If the captain didn't go down with the boat he is going to be in deep water with the Coast Guard.
I agree that the boat was obviously overloaded. But what most people, including most boaters, don't realize is that you are responsible for your wake and any damage or injury resulting from it. If the wake caused the boat to capsize, then the operator of the boat causing the wake is also responsible. I hope somebody got the name or registration number of the boat leaving the wake.
As someone else also mentioned, I think all boat operators need to be licensed, just like automobile drivers. It amazes me how many boaters don't know the first thing about navigation and navigational rules. We stay off the water on weekends and holidays when the weekend warriers come out. It's too dangerous -- as we see from this very sad story.
And there is no reason to believe that in navigable waters while passing other boats under way, that your wake is going to cause them to capsize. If the captain of the overloaded boat would have turned into the wake to take it on the bow, instead of away from it, taking it on the beam, it likely would have done no harm. If the other boat had not been overloaded, it would not have capsized no matter how the wake hit it. There is no reason under normal circumstances for wake to capsize a 34' vessel.
That said, always assume when on the water that no one else out there has any idea what they are doing, and I agree, stay off the water on major holidays whenever possible.
Unless the rules have changed, The United States Coast Gaurd has a Licensing Protocol. It REQUIRES a minimum of ONE YEAR Sea Time to become a LICENSED CAPTAIN.
You don't have to be a licensed captain to operate a vessel of that size unless you are a charter business.
To become a credentialed USCG captain you will 360 hours per year for 5 consecutive years and that only allows you to carry up to 6 passengers
And again, you don't need a "six pack" to operate your own private vessel.
27 people on a 34 foot boat and probably all fat sessa who were all on one side of the boat where the food and drinks were located.
Dear MSNBC;
A 34' boat is not a "yacht."
What is a "speedboard"? ("Balasso said he put the spotlight of his 38-foot speedboard"
27 people on a 34' boat is stupid, stupid, stupid.
The US Coast Guard legally defines any craft longer than 26' as a yacht, so yes, a 34' boat can be called a yacht.
tack - you hit it right,,,a "yacht"???? nope,,,,an overloaded speedboat,,,yes
Have you looked up what a 34' silverton looks like, it is NOT a speedboat.
It was totally overloaded and terrible judgement was used, but it is not a speedboat.
I Googled images for 34-foot Silverton and it is not big enough for 27 people. While it meets the strict Coast Guard definition of a yacht, being longer than 26 feet, I personally would not call it a yacht. The Coast Guard boating course I took referred to boats longer than 65 feet as yachts and boats under 65 feet were referred to as "small craft".
What a waste of 3 young lives. As a father of two girls 12 and 14 , i feel so much pain and sorrow for the parents of the 3 who died in this tragic event that probably started out as a fun family night with the kids.
Thank you Legit for understanding the central theme of this article.
Did anyone of you bother to LOOK at the specifications for this boat???
The 34 foot Siverton is rated for a maximum of 6 ! That is S I X people! The boat in question only draws THREE FEET OF WATER!
The owner had TWENTY-SEVEN souls on this boat! With that kind of a load, a speedboat can swamp it!
I grew up around boats, and spent many years working in a shipyard. No one in their right mind should KNOWINGLY put people at risk this way!
The saddest FACT of all this, is that THREE PEOPLE lost their lives because of this person's negligence and stupidity!
I hope he had a very nice Fourth of July, because he is going to have to LIVE the rest of his worthless life remembering what HE did!
the berth sleeps 6. general rule would be 1 person for every 4 feet of length or 8-9 people. the dope tripled his maximum capacity and the results were sadly tragic.
I don't know where you are getting a rating of six people from, since the USCG only regulates the capacity rating on boats under 20' in length. Even the marine industry certification (NMAA) only requires a capacity plate on boats under 26' in length to recieve their approval. Even the average 20' fiberglass boat is rated for 5 or 6 persons. 3' of draft is quite average for a fiberglass boat of that size. You may have grown up around a shipyard, and probably know quite a bit about steel and semi-displacement/nonplaneing hulls, but you seem to know very little about fiberglass planeing recreational boats. Many fishing charters on boats that size only take out a maximum of 6 guests+crew, maybe that is what you saw? A 34'er would be loaded under the judgement of the captain, but I would say 10 would be a maximum for a boat that size, even for a casual cruise.
Clearly the boat was extremely overloaded, but that doesn't mean you should make statements that aren't factual about the situation.
My deepest condolences to the Family of the lost.
Especially because they caused the deaths by their own negligence.