Charges Against Skipper in Fatal Ramming Near S.F. Are Dismissed

A federal judge Thursday dismissed charges of negligence against former oil tanker captain David Hilger in the 1986 deaths of three fisherman whose boat was rammed outside the Golden Gate.

The action by U.S. District Judge John Vukasin does not prevent the government from rewriting the three-count case and seeking a new indictment.

Assistant U.S. Atty. William McGivern said he would seek a new indictment as quickly as possible.

Vukasin dismissed the case stating that the government was required to allege Hilger was guilty of “gross negligence,” rather than the less serious simple negligence.

John Keker, Hilger’s attorney, said the government will be required to establish that Hilger acted outrageously and was “wanton and willful” in his conduct.

Hilger was captain of the 721-foot Golden Gate on the day the tanker rammed the 73-foot fishing trawler Jack Jr. in foggy waters 50 miles north of San Francisco.

All three men aboard the Jack Jr. died in the incident. They were skipper Jack Favaloro, 56, and crewmen Vincenzo Ingargiola and Thomas McCarthy.

Hilger was allegedly below deck sleeping at the time and failed to instruct his crew to slow the ship as it approached the busy sea lane or to post proper lookouts.