http://www.miami.com/mld/miamiherald/12897193.htm

Posted on Fri, Oct. 14, 2005


IMMIGRATION
Cuban boy, 6, drowns at sea
A 6-year-old migrant Cuban boy's death in the Florida Straits triggered a federal investigation into the circumstances leading to his drowning.
BY JENNIFER BABSON AND LUISA YANEZ
jbabson@herald.com

KEY WEST - A 6-year-old Cuban boy drowned early Thursday about 52 miles south of Key West after a Florida-registered speedboat fleeing the U.S. Coast Guard flipped over in the Florida Straits.

The boy's parents and 28 other people -- at least two of whom are suspected migrant smugglers -- were rescued from deep waters by officials with the Coast Guard and U.S. Customs and Border Protection.

The little boy was discovered beneath the 33-foot boat by authorities after rescuers pulled the rest of the boat's passengers to safety. His lifeless body, along with survivors, was aboard a Coast Guard cutter off the Keys Thursday. Also aboard was a chaplain flown in from the mainland to comfort the boy's parents.

The circumstances surrounding the boy's death have prompted a federal investigation and a plea from Cuban-American lawmakers to bring the boy's body and his parents to the United States.

Late Thursday, investigators with U.S. Immigration and Customs Enforcement were en route to the cutter to interview survivors and determine who captained the illegal vessel.

Barbara Gonzalez, a spokeswoman for ICE, declined to comment Thursday.

It's not clear whether federal prosecutors intend to charge anyone in connection with the boy's death.

''At this point, we cannot comment on the specifics of this matter,'' said Alicia Valle, a spokeswoman for the U.S. attorney's office in Miami. ``However, when any death results, but especially that of a child, the office closely scrutinizes the facts of the case.''

One possible federal charge: attempted alien smuggling resulting in death. Anyone convicted could be sentenced to death.

SMUGGLERS BLAMED

Coast Guard officials blamed the boy's death on the alleged smugglers who manned the boat.

''That young man died because smugglers overloaded that boat, drove it carelessly, and it resulted in him losing his life,'' said Capt. Phil Heyl, commander of Coast Guard Sector Key West.

Complicating matters for authorities is the controversial U.S. ''wet foot, dry foot'' immigration policy that applies to Cubans. It typically allows Cubans who reach land to stay here, while those apprehended at sea are generally returned to Cuba.

In this case, the survivors, including the child's parents, would normally be returned to Cuba because they were caught at sea. But they are all potential witnesses in a criminal case.

In the past, the U.S. attorney's office, in close consultation with the U.S. State Department, has pressed for the ''dry-footing'' of some Cuban migrants in order to pursue criminal prosecution.

In August 2001, the government brought 20 Cubans to shore after their boat capsized at sea in another migrant-smuggling fiasco that claimed six lives. Two men, Roberto Montero-Dominguez and Osvaldo Fernandez-Marrero, both of Miami-Dade County, were charged with attempted smuggling of illegal aliens resulting in death. They later pleaded guilty.

By late Thursday, prominent Cuban Americans in Miami were lobbying for at least some of the survivors to be brought ashore.

U.S. Rep. Lincoln DÃÂ*az-Balart, R-Miami, and U.S. Rep. Ileana Ros Lehtinen, R-Miami, appealed to the Department of Homeland Security and the State Department to allow the boy's body and his parents to reach U.S. soil.

''We want the boy to have a proper burial,'' said Ana Carbonell, chief of staff for DÃÂ*az-Balart.

TIMELINE

The events leading up to the boy's death began to unfold around 12:40 a.m. Thursday when a Coast Guard cutter, the Dauntless, spotted the boat carrying the Cuban migrants on an infrared radar that tracks the heat patterns of fast-moving vessels.

At that point, the Coast Guard cutter was probably 50 to 100 yards from the boat, Heyl said.

The Coast Guard launched a small inflatable boat to pursue the suspected smugglers.

A chase followed for more than 30 minutes, according to Coast Guard officials, who said the vessel began ''moving erratically.'' Coast Guard personnel ordered the boat to halt, but it continued to flee, according to Chris O'Neil, a Coast Guard spokesman in Miami.

Then, O'Neil said, the boat slowed and ''water began to pour over the stern.'' Panicked passengers rushed to the vessel's bow and started jumping off.

''The boat rolled and eventually capsized and came to rest upside down with some people clinging to the hull,'' O'Neil said.

Once the boat flipped, the Coast Guard immediately began plucking terrified Cubans from the water and dispatched another small boat. A short time later, a Customs and Border Protection boat also arrived to help.

''We got on scene, and the boat had already capsized. There were people in the water and we immediately proceeded into a rescue,'' said Zachary Mann, spokesman for Customs and Border Protection.

ONE WAS MISSING

Thirty people were pulled from the Straits onto several boats. Survivors then cried out that one person -- the 6-year-old boy -- was missing.

The Coast Guard immediately launched an aircraft to search for the young boy, while also working to right the boat.

Finally, four hours after the speedboat had capsized, it was turned over. It was then the boy's body was found.

''He basically appeared as the vessel was righted,'' O'Neil said.

Moments later, a Coast Guard health technician confirmed the worst. The boy did not have a pulse.

Herald staff writer Alfonso Chardy contributed to this report.