Tugboat mate in duck crash invokes Fifth Amendment

Other vessels in the Delaware River heard the radio calls as the crew of Duck 34 tried desperately to reach the tugboat pushing a 250-foot barge toward the disabled craft and the 35 tourists aboard.

Whether anyone manning the tugboat heard those warnings remains a mystery.

The National Transportation Safety Board said Monday that the tugboat's mate "exercised his Fifth Amendment right" against self-incrimination and refused to meet with investigators this weekend.

Typically, a tugboat's mate would take the wheel during the noon-to-6-p.m. shift, veteran captains say. The crash happened about 2:30 p.m. Wednesday, but the NTSB would not confirm that the mate was piloting the Caribbean Sea when it rolled over Duck 34.

The amphibious tourist vessel, operated by Ride the Ducks, sank in the shipping channel, killing two Hungarian visitors and injuring 10 others.

In interviews last week, Duck 34's two crew members, a master and a deckhand, said they attempted to reach the tug on marine radio Channel 13.

They said their calls received no response. Captains of other vessels subsequently told investigators that they heard those calls, the NTSB said Monday.

The Caribbean Sea had a crew of five, including a master, a mate, an engineer, and two deckhands. NTSB investigators interviewed the master, the engineer, and one of the deckhands on Saturday. The other deckhand was not interviewed because he was asleep at the time of the collision.

The mate who refused to be interviewed would have been represented by counsel, according to a Michael Hanson, a spokesman for K-Sea Transportation, the tugboat company.

He said he did not know if the mate's lawyer was provided by K-Sea or the mate's union, and he did not know the name of the mate's union.

A call to Local 333, United Marine Division, which represents K-Sea employees in the New York vicinity, was not returned Monday.

Another K-Sea spokesman, Darrell Wilson, said the company was cooperating with NTSB but added that he could not discuss the accident because of the ongoing investigation.

"K-Sea Transportation has been operating on the Delaware River, including the Philadelphia area, for over 20 years," he said in an e-mail. "Safe operations are our first priority, and we regret the very unfortunate accident that occurred."

The NTSB refused to provide any information gathered from the interviews with the three tug crew members or to say if the boat's radio was working properly.

Coast Guard regulations require vessels to keep a "proper lookout by sight," but the NTSB would not discuss the deployment of the tugboat's crew.

It remains unclear if the tugboat crew was able to see Duck 34 or had any warning before hitting the craft.

"That's what we're still trying to figure out," said Keith Holloway, an NTSB spokesman.

The tourist craft's captain shut down and anchored Duck 34 about 150 feet from shore after seeing and smelling smoke on board. The captain, Gary Fox, used Channel 13 to warn nearby vessels that he had stopped. The duck remained there for five to 10 minutes, the NTSB said Monday.

Fox told investigators that he noticed the barge when it was about 400 yards away. NTSB said Monday the barge was being pushed at five knots, or 5.75 m.p.h.

In addition to trying to reach the tug on Channel 13, Fox and deckhand Kyle Burkhardt tried signaling the boat with an air horn that failed to work, according to an account NTSB provided.

Duck 34 has been raised from a depth of 55 feet and investigators are examining the damage it sustained. Investigators also will try to determine the mechanical problem that caused the captain to shut down the craft.

The Caribbean Sea's GPS and electronic chart navigation devices have been removed and taken to NTSB headquarters for analysis.

Chris Herschend, president of Ride the Ducks, which operates amphibious tours in Philadelphia and other cities, said Monday that "we remain confident the NTSB will shed light on all the facts surrounding this accident."

"Our mutual goal is to ensure nothing like this happens again," he said.