Philadelphia Duck Boat Crash: Tugboat Pilot Refuses to Talk to Investigators, Takes the Fifth

The mate who was piloting the tugboat involved in last week's fatal 'Ride the Ducks' boat crash refused to talk to NTSB investigators who attempted to interview him this weekend, exercising his Fifth Amendment rights. The mate was on duty and had taken the wheel of the tug Caribbean Sea because the captain was off shift. The duck boat crew told the NTSB that they placed frantic calls to the tug, but received no response. According to the Philadelphia Inquirer, veteran captains say a tugboat's mate would usually be working the noon to 6 p.m. shift; the barge hit the tour boat on Wednesday at about 2:30 p.m.

The tug was pushing a city-owned barge to a wastewater treatment plant when, on its return trip upriver, it struck a "Ride the Duck's" tour boat that had stopped due to engine trouble. When the engine started to smoke, the captain of the duck boat took over piloting the tour boat, cut the engine and dropped anchor about 150 feet from shore, and called for help. Fox 29 News reported that Gary Fox, the captain of the duck boat, said he didn't send out a "mayday" to the Coast Guard because he didn't think it was a life or death situation.

The Delaware River's shipping channel is used by commercial, tourist and pleasure craft, and other boats on the river at the time of the accident have reported hearing the duck boat's distress calls on Channel 13. Passenger Sandy Cohen of Durham, North Carolina, told the AP that the deckhand of the duck boat yelled and waved as the barge approached, but that no one saw him and no one appeared to be on the deck of the barge. "And then they couldn't reach them by radio," she added. The collision of the barge into the duck boat sent 37 people overboard and drowned two young Hungarian tourists.

According to the NTSB, the tug's crew consisted of the captain, the mate, an engineer and two deckhands, one of whom was asleep at the time of the crash. NTSB spokesman Keith Holloway said this is not uncommon. According to President of the National Mariners Association Joseph Dady, by law, either the captain or mate must be at the wheel at all times. Tug captains and mates rotate in six-hour shifts, one on duty while the other is on break, Dady said.

There must also be a lookout either on the barge or in the crow's nest of the tugboat if the barge being towed creates a blind spot. K-Sea would not confirm whether or not there was a lookout on the barge. K-Sea says it is cooperating with the investigation, but has provided legal counsel to the crew.

The tug Caribbean Sea, is owned by K-Sea Transportation Partners, and was recently moved to Philadelphia from New York. K-Sea would not release the names of the mate or anyone else on the crew, or give details as to the crew's experience level. Dady said that, according to Coast Guard rules, a pilot must make 11 trips on a particular waterway before being allowed to take the helm.

Dady, who piloted the Caribbean Sea decades ago when it operated under another name, said the tug has good maneuverability and thinks the pilot would have been able to change course in about a minute and come to a full stop in about three minutes, if he knew the duck boat was in its path.

Holloway said the captain of the tug and the rest of the crew did cooperate with investigators and will continue to be interviewed this week, but the information learned from them has not yet been disclosed.

Previous Reports: Philadelphia Duck Boat Hit by Barge; Sunken Duck Boat Located in Delaware, Two Still Missing; Body of Duck Boat Crash Victim Recovered from Delaware River; Second Body Spotted; Duck Boat Tour Passengers Describe Crash and Sinking in Delaware River; Second Body and Duck Boat Pulled from Delaware River; NTSB Interviews with Crew and Passengers Reveal Calls for Help and Alarm Attempts Failed; Sources: Yahoo News; Philly.com