An Ocala man has found himself facing a cascade of allegations after his initial court appearance yesterday. Dustin Sean McCabe, 49, is charged with one count of seaman’s manslaughter, among other charges. The indictment claims McCabe improperly refitted and operated his 48-foot vessel, the Southern Comfort, leading to a fatality during an unauthorized scuba diving charter.
As detailed by the indictment, McCabe's purchase of the Southern Comfort in March 2020 was ostensibly for recreation, a claim put forth to the U.S. Coast Guard that has now come under scrutiny. Instead, McCabe is accused of intending to and going on to, quickly convert it into a vessel for paid scuba charters. It is alleged that to facilitate these charters, crucial modifications were made, notably removing the vessel's main deck engine controls. The paid trips on March 28 and March 29, 2020, thereafter ran without the required authorization, a grave decision that is alleged to have tragically resulted in someone's death on the latter date.
After the incident led to McCabe's suspension from operating his vessel for pay, an alleged second act of fraudulence emerged. It is accused that McCabe engaged in further deceitful conduct through Florida Scuba Charters, Inc., the business he operated, by applying for two Paycheck Protection Program loans under pretenses that the indictment claims were false.
According to a release from the Justice Department, McCabe now faces serious penalties if convicted. The charge of seaman’s manslaughter could result in up to a 10-year prison sentence, while the wire fraud and false statements charges carry maximum sentences of 20 and five years, respectively. Ultimately, the responsibility to determine McCabe’s fate rests with a federal district court judge, who will consider the U.S. Sentencing Guidelines along with other statutory factors.
The case, which entailed a collaborative investigation effort by the CGIS Southeast Field Office with help from the U.S. Coast Guard Marine Safety Detachment Lake Worth and the Florida Fish and Wildlife Conservation Commission Office of Law Enforcement, is being prosecuted by Assistant U.S. Attorney Zachary A. Keller and Coast Guard Special Assistant U.S. Attorney Tanner Stiehl. Although the indictment introduces these charges against McCabe, it is important to remember the cornerstone of the American legal system remains that a defendant is presumed innocent until proven guilty in a court of law.
