The prosecution rested its case Monday after calling several witnesses to the stand in the trial of George Pino, who has been accused of manslaughter and vessel homicide in the death of his daughter’s friend, Lucy Fernandanez.
Fatal Boating Accident
The 55-year-old Florida man has pleaded not guilty to the charges stemming from the 2022 incident in Biscayne Bay in Miami. George Pino took his wife, daughter, and 11 of his daughter’s teenage friends out on a boat on September 4, 2022, to celebrate her birthday.
Prosecutors say that Pino drank alcohol and also provided some to the underage girls. When they went to return home, prosecutors allege that Pino “accelerated through the ‘Cutter Bank’ channel, going from 43 miles per hour to 47 miles per hour before hitting a channel marker.”
The marker Pino hit had been painted ‘day-glo’ green for visibility, and GPS data shows he was familiar with the area and had previously driven past the same marker. The GPS data also showed the boat was driving on the wrong side of the channel before the incident.
Upon impact with the channel marker, the boat capsized, and Lucy Fernandez was flung into the water, where investigators said Pino was “slow to assist.” The teenager’s cause of death was later ruled as drowning.
Boating Instructor Testimony
After six days of testimony, the state rested its case, paving the way for Pino’s defense to begin calling forth its witnesses. The final witnesses heard on Monday included a boating instructor and a forensic pathologist.
Paul Alber, the boating instructor, testified that boaters are required to maintain proper lookout, move through the water at a safe speed as posted, assess collision risks, and take early precautions to avoid any crashes. He stated that although GPS is helpful, it should not be the only means of navigation.
The 29-foot boat that Pino had been driving, carrying 14 passengers, reached speeds over 50 mph, which can affect its handling. Albert said the boat had to have struck the channel marker with extreme force since the fiberglass flexed upward.
Alber also testified to the data he extracted from the boat’s devices, showing historical track lines and the boat’s previously recorded speed, direction, and movements.
Prosecutor’s Final Witness
Dr. Davin Fintan Garavan, a forensic pathologist, was the last to testify on behalf of the state. He agreed with the initial finding that Lucy Fernandez’s death was due to drowning, but explained that it is much more complex than that.
He said he would classify it more specifically as due to “complications of drowning” because the victim’s heart was temporarily revived before ultimately dying. Fernandez suffered from serious blunt-force trauma to the head, face, mouth, scalp, and neck before drowning. She had bruising and hemorrhaging in multiple parts of her body.
It is sufficient to say that she may have been knocked unconscious when the boat capsized. Based on her apparent injuries, it was highly possible that she was thrown forward, knocking her out, making it so that she was not able to save herself in the water. No drugs or alcohol were found in her system, and had someone rescued her swiftly, she may have survived.
Defense’s Acquittal Motion Denied
At the start of day 7, the defense requested the judge acquit Pino, claiming the prosecution was unable to prove the defendant guilty of manslaughter or negligence. Their movement was ultimately denied, and they began calling witnesses to the stand.
Defense finished questioning Alber by confirming there was no posted speed limit sign in Biscayne Bay at the time of the tragic incident. They then proceeded to call several witnesses who testified to seeing Pino that day just before he went home, and said he did not appear to be intoxicated.
