Ferry captain avoids prosecution in crash
Gansas enters into cooperation agreement with feds
From Phil Hirschkorn
CNN
NEW YORK (CNN) -- The captain of the Staten Island Ferry that crashed into a maintenance pier in October, killing 11 people and injuring more than 70 others, will avoid prosecution in an unusual cooperation agreement with federal prosecutors.
Michael Gansas, 39, pleaded not guilty to the charge that he lied to investigators during his arraignment Wednesday in federal court in Brooklyn.
But prosecutors revealed they will not seek to put Gansas on trial. Instead, he has entered into a deferred prosecution cooperation agreement.
Under the deal, Gansas has agreed to testify in other cases, including the pending manslaughter case against the former director of ferry services, Patrick Ryan.
Gansas also will be expected to cooperate with investigators and prosecutors for three years, prosecutors said. After then, the charges against him will be dismissed if he abides by the agreement, they said.
Gansas will surrender his maritime license and agree not to work in the commercial boating industry during this period, prosecutors said. He also will perform 200 hours of community service.
Gansas was not at the helm of the ship Andrew Barbieri at the time of the accident. Pilot Richard Smith, taking medication for a condition he covered up in his last Coast Guard license application, passed out at the controls and faces about three years in prison following his guilty plea two weeks ago to 11 counts of manslaughter and to lying to investigators about his medical history. (Full story)
"Capt. Gansas' actions did not cause or contribute in any way to the events" that led to the crash, said Robert Morvillo, an attorney for Gansas. "Mr. Gansas was not in the pilothouse at the time of the crash."
Outside court, Morvillo said that "under the stress of the moment" Gansas "made a mistake of attempting to deflect attention" from Smith, 55, and taking responsibility for the crash.
"He inaccurately responded to questions asked of him shortly after the accident about his whereabouts and observations," Morvillo said. "Mr. Gansas deeply regrets this mistake."
According to city transportation officials, a key issue is the existence and enforcement of a rule requiring that the captain and pilot of a ferry be in the pilothouse as the boat takes off from and arrive at the docks.
"There is a dispute as to the existence of the two-pilot rule," Morvillo said.
Gansas made no statements as he arrived or departed the courthouse with his wife, Wendy.
"The series of prosecutions in this matter serves to hold accountable those individuals directly responsible for the crash of the Andrew J. Barbieri and to bring justice to the victims of this horrible tragedy," said U.S. Attorney Roslynn Mauskopf in a written statement.
The city, facing more than 100 lawsuits seeking millions of dollars in damages, has sought to limit its liability in the accident to $14 million, the value of the repaired ship, which is back in service.
