Florida Man Convicted in Scuba Diver’s Death
Ocala, Fla. – A federal jury has found Dustin Sean McCabe, 49, of Ocala, guilty of seaman’s manslaughter, making false statements to the U.S. Coast Guard, and committing COVID-19 relief fraud. The conviction follows the tragic death of a scuba diver due to McCabe’s negligence while operating an improperly maintained charter boat.
Incident Overview
McCabe purchased a 48-foot vessel named Southern Comfort in March 2020 and falsely registered it as a recreational vessel, concealing his intent to operate it as a commercial scuba diving charter. Despite ongoing mechanical issues, including an unreliable propeller system, McCabe continued running paid diving excursions without making necessary repairs.
On March 29, 2020, disaster struck when McCabe took a group of paying customers on a dive trip. While the boat was positioned over a dive site, its port-side propeller unexpectedly engaged while in neutral. This malfunction caused two divers, Mollie Ghiz-Flynn and her husband Sean Flynn, to be sucked toward the spinning blades. Mollie’s legs became entangled in the shaft, and despite Sean’s efforts to save her, she drowned at the scene. A medical examiner determined that her severe injuries, while not immediately fatal, caused immense pain and contributed to her death by drowning.
Legal Proceedings and Convictions
Following the fatal incident, McCabe was prohibited from operating the Southern Comfort, yet he fraudulently applied for two COVID-19 relief loans, misrepresenting his business activities to secure financial aid.
The U.S. Attorney’s Office for the Southern District of Florida highlighted McCabe’s recklessness and dishonesty in a statement:
“The propeller sucked the victim into it, mangling and cutting her. It twisted her leg up in its shaft, holding her underwater. A medical examiner testified that while the victim’s many deep chop wounds and leg fractures were not fatal on their own, they caused serious pain that contributed to the victim’s death by drowning.”
The jury found McCabe guilty on all counts:
- Seaman’s manslaughter, which carries a maximum penalty of 10 years in prison.
- Making false statements to the U.S. Coast Guard, punishable by up to five years.
- Wire fraud related to COVID-19 relief funds, which could result in a sentence of up to 20 years.
Victim’s Family Speaks Out
Mollie Ghiz-Flynn’s family expressed their grief and frustration over the preventable tragedy. Her sister, Tiffany Ghiz, shared:
“Every time I think about it, it hurts me because it’s my baby sister. I just know now—she was terrified.”
She found some solace in knowing that Mollie’s husband, Sean, was by her side in her final moments:
“Sean was able to think immediately and grab a hold of her. At least she knew he was right there, working and trying to get her out.”
Sentencing and Next Steps
McCabe is scheduled for sentencing on June 12, 2024. He faces a combined maximum of 35 years in federal prison. His case serves as a stark reminder of the dangers posed by unregulated and unlicensed charter operators, as well as the broader implications of fraud in the maritime and financial sectors.
