$10.8-Million Lawsuit Claims That Navy Explosives Killed San Diego Fisherman

The family of a San Diego fisherman who drowned last spring under mysterious circumstances off San Clemente Island filed a $10.8-million lawsuit Friday against the U.S. Navy, contending that the man died after stray Navy explosives struck his boat.

The suit, filed in federal court here, alleged that Boyd Reber of San Diego and crewman Frank Germano of Ventura died Feb. 25 in an explosion of either a missile or live ordnance fired by sailors in target practice off San Clemente Island.

The lawsuit accuses the Navy of negligence by failing to warn the fishermen of danger and in allowing explosives to strike their boat. It seeks damages of more than $10.8 million, covering the cost of the boat and the loss suffered by Reber’s wife and 3-year-old child.

“All the evidence points to a very strong likelihood that it was Navy artillery (that caused the deaths),” said Michael McCann, the lawyer for Reber’s wife, Cynthia, in an interview Friday. “Yet the Coast Guard and Navy show no interest in pursuing the case.”

Navy officials have declined to comment on McCann’s allegations since he informed them in April that he would file suit. On Friday, Ruth C. Lawrence, a Navy spokeswoman in San Diego, said she could not discuss the case because it is under Navy investigation and in litigation.

Similarly, Coast Guard Lt. Robert Murray said he could not discuss the investigation he is conducting. He said his report may be completed within four weeks.

However, Murray said in an interview in April that much of the evidence he had seen argued against an explosion. For example, he said there were no burn marks or signs of fire on the boat fragments, and most of the boat was found on the beach.

“It’s believed that the vessel in large part was washed up on the beach and was demolished by the surf,” he said in April. “There is some suspicion that the initial cause of the accident was an explosion. However, there is no substantial evidence to support that theory.”

The Navy uses the southern portion of San Clemente Island for target practice as a “shore bombardment range.”