The captain who piloted his own boat that broke apart in Point Loma, resulting in the deaths of three migrants being smuggled illegally, was sentenced Friday, Aug. 12 to 18 years in federal prison.
U.S. District Court Judge Janis Sammartino called the case “the most egregious case I’ve ever had in my courtroom in over 15 years” as a federal judge.
Antonio Hurtado, 40, of San Diego, stood before the judge wearing a tan prison uniform and a black mask. His attorney, Melissa Bobrow, recommended a sentence of 12 1/2 years, while the prosecutor recommended 17 years.
“I’m deeply sorry,” said Hurtado. “If I could give my life (in exchange), I would.”
Hurtado pleaded guilty to two counts of attempting to smuggle an alien for financial gain that ended in death, and assault upon a federal officer during his arrest in the May 2, 2021, incident.
“He’s taken responsibility,” said Bobrow. “He didn’t intend for any of this to happen.”
Hurtado wanted to conceal his 32 passengers so he wanted them all to hide in a lower deck on the 40-foot boat named the “Salty Lady” after they boarded on a beach around 10 p.m. on May 1, 2021, in Puerto Nuevo, in Baja California, according to court records.
Each passenger had agreed to pay between $15,000 and $18,000 for their passage.
Assistant U.S. Attorney C. Seth Atkins said “the boat was dangerously overloaded… and as the seas grew rough, many of its occupants became sick.”
Atkins said the 32 passengers “entrusted their lives to him,” and unfortunately, “he sentenced three to death.”
Killed were Maria Eugenia Chavez-Segovia, 41, Victor Perez-DeGollado, 29, and Maricela Hernandez Sanchez, 35. Drowning and blunt force trauma injuries to the head were listed as the causes of death for all three people by the San Diego County Medical Examiner’s office.
The boat went in circles for over an hour, and court documents said passengers thought that Hurtado appeared to be using drugs during that time. Several said he “smoked” something, while a few said he injected something, and several said he did both.
The engine failed in the pre-dawn hours, and the boat was tossed back and forth by waves. Passengers begged Hurtado to call 911. He refused and called for a tow, which eventually arrived, but couldn’t help as the Salty Lady began to list on its side and was near rocks, records say.
The boat ran aground on a reef 50 yards from shore near Point Loma around 10 a.m. The first person to jump from the boat: Hurtado himself, said Atkins, without saying a word to passengers.
The waves and rocks tore up the boat into pieces, dumping the passengers into the water. Rescue personnel from the Coast Guard, San Diego Lifeguards, U.S. Border Patrol, Harbor Police, and others assisted.
“Human smugglers have no respect for human life, as is demonstrated by this defendant,” said Chad Plantz, special agent in charge for Homeland Security San Diego.
“The deaths in this investigation could have been prevented had the defendant not treated these victims like dispensable cargo… HSI is committed to investigating smugglers and holding them accountable for their actions,” said Plantz.
“This extremely unfortunate case highlights that smuggling operations are inherently dangerous and sometimes deadly when people put their safety in the hands of those that do not have their best interest in mind,” said Deputy Sector Commander Ray Slapkunas, of the Coast Guard San Diego.
Watching the sentencing was a Border Patrol agent who was injured by Hurtado when he pushed his knee into the agent’s face. Atkins told the judge security cameras caught Hurtado looking from side to side before he quickly slammed his knee into his face. The agent was securing an ankle restrant on Hurtado because he was taking him to a hospital for treatment as Hurtado said he had been using drugs.
Sammartino said the agent was “severely injured” in the incident.” The injuries were not specified in court records.
Hurtado’s lawyer acknowledged her client had a problem with drug addiction. Bobrow said he worked as a mechanic and handyman. “He is a good person. He grew up with very little opportunity,” she said.
He was ordered to pay $700 in penalty assessments. Hurtado will get credit for spending the last 1 1/2 years in jail since the incident.