A participant in a failed smuggling venture that resulted in three drowning deaths off Ocean Beach has been sentenced to five years in federal prison.
Faustino Romero De La Cruz, 41, was described by his attorney as the “logistical coordinator” since he was not on the overloaded vessel that capsized on April 10, 2022, causing all 12 passengers to fall into the ocean. The nine others were rescued.
His identity became known because he called one victim’s family to tell them of the death of their loved one and contributed $1,500 for his funeral expenses. The family recorded the phone call and De La Cruz also contributed another $1,000 of his own money to the family, according to court documents filed by his attorney, Isaac Blumberg.
“During the call, Mr. De La Cruz cried, apologized repeatedly, and expressed his deep regret,” wrote his attorney. “They reflect a genuine effort to take responsibility and mitigate the suffering of the families.”
“This court should judge Mr. De La Cruz by his actions immediately following the tragedy, particularly the 40-minute call,” wrote Blumberg, who urged a 37-month sentence.
U.S. District Court Judge James Simmons, Jr. sentenced De La Cruz on Jan. 17 after Assistant U.S. Attorney James Miao recommended a 72-month term and the probation department urged an 84-month sentence.
“Yet even after this senseless loss of life, the defendant did not cease his alien smuggling efforts,” wrote the prosecutor.
De La Cruz spoke with the family of Eleobardo Garcia-Lopez after he drowned, according to court records. His body was recovered first. The other two who drowned were Jovanny Pava-Inzuza, and David Ramirez-Esteban. Their ages were not given.
Garcia-Lopez, of Guerrero, Mexico, wanted to earn more money in the U.S. to pay for medical care for his youngest child, according to court documents.
The panga-style boat was 25 feet in length was not equipped with navigation lights and did not have an emergency UHF/VHF radio. Court documents say it was safe for five passengers to travel, but with 12, it was overloaded. There were not enough life jackets.
None of the passengers had cold weather gear and the vessel capsized shortly after midnight within half a mile from shore in Ocean Beach.
Records say that five people out of the 12 on the boat escaped and could not be found. The remaining four people were transported to hospitals and returned to Mexico.
De La Cruz pleaded guilty to conspiracy to bring in aliens that resulted in death, attempted to bring in aliens for financial gain, and unlawful transportation of aliens.
The attorney for De La Cruz said his client’s duties did not involve equipping the vessel or being on it. Blumberg wrote that his client will be automatically deported to Mexico once his sentence is finished.
