5th In Duck Boat Case ‘Devastating’

PHILADELPHIA - One Philadelphia attorney who specializes in maritime accidents says a tug boat mate’s 5th amendment plea could be devastating news in the Duck Boat tragedy case.

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Robert Mongeluzzi, who represented one of the victims in the Pier 34 collapse 10 years ago, told Fox 29 on Monday the fact that the mate used the 5th amendment in an interview with NTSB officials is bad news for the tug boat owners.

The tug boat Caribbean Sea was pushing an unmanned barge last Wednesday when it hit the Duck Boat, killing two tourists.

The mate and the tug boat’s master were the only people allowed to pilot the ship as it moved up the Delaware River at 5 knots, or 7 miles per hour.

Mongeluzzi also noted that two key people in the Pier 34 case also took the 5th. Nearly $30 million was paid in lawsuits related to the Pier 34 case.

K-Sea Transportation owns the tug boat and is based in East Brunswick, N.J.

The barge is owned by the city of Philadelphia and used to haul sludge.

The NTSB says in its interviews, the Duck Boat captain said he made radio calls to the Caribbean Sea, the tug pulling the barge, without a response from the tug boat.

Other people on nearby vessels also heard the distress calls from the Duck Boat.

The NTSB says the mate of the tug took the fifth amendment and would not speak with investigators.

There were four other crew members on the tug. On deckhand was sleeping at the time of the accident, while the three other crew members, including the ship’s master, spoke with investigators.

The NTSB has confirmed the tug was moving at 5 knots, which is about 6 miles per hour.

About 5 to 10 minutes before the accident, Duck Boat was northbound in the river and experienced a mechanical problem that led the master to anchor his vessel, the NTSB says.

The bow of the barge The Resource struck the stern of the DUKW 34, which resulted in the DUKW 34 sinking in about 55 feet of water

The Caribbean Sea's GPS and electronic chart navigation devices were also removed from the vessel and taken to NTSB Headquarters for analysis.

Two tourists, who were part of a church group from Hungary, died when the barge rammed Duck Boat 34 on Wednesday in the Delaware River. But 35 people survived in what is being called a miracle by some people.