LOS ANGELES — In his little hideaway in the garage, Clark McIlvain often retreats to sit in silence and remember his late son, Charles “Chuck” McIlvain.
“I’ve spent hours sitting in the garage saying I’m going to work on some project and end up doing nothing but looking at old pictures,” Clark McIlvain said.
Clark and Charles shared a close-knit father-son bond. One that McIlvain is so proud of, but it makes the pain of his loss even greater.
McIlvain was one of the passengers aboard the Conception dive boat that caught fire off Santa Cruz Island on Labor Day weekend 2019, killing 34 people on board.
“I often find myself just gut-punched by...him, knowing that he's not here,” McIlvain said.
To get through it, McIlvain both leans on and comforts his wife Kathi McIlvain. When she looks at photos of her late son, it’s hard not to be overwhelmed by emotions.
“His laugh and his smile just truly lit up a room. So I miss the fact that he’ll never walk through those doors again,” Kathi said.
The McIlvains were relieved when federal charges were filed against the Conception’s captain, Jerry Boylan, 67, of Santa Barbara.
He pleaded not guilty Tuesday to 34 counts of seaman’s manslaughter, and faces up to 10 years in prison for each count. He was expected to be released on a $250,000 bond. His trial is scheduled for March 30.
Prosecutors say Boylan failed to follow safety rules before the fire broke out Sept. 2, 2019, on the Conception and led to one of the deadliest maritime disasters in recent U.S. history.
Boylan was accused of “misconduct, negligence and inattention” by failing to train his crew, conduct fire drills, and have a roving night watchman on the boat when the fire ignited.
“I’m hoping the judge will impose the maximum sentence for captain Boylan. I’m sure he did not go to bed that night thinking this is what I’m going to do but he was responsible for 34 lives and he needs to be held accountable,” Kathi said.
“When you accept the responsibility of running a vessel, every person that comes on board is placing their life in your hands,” Clark said.
The McIlvains have channeled much of their grief and anger into advocating for safety legislation so that a tragedy like the Conception never happens again.
They helped get the Small Passenger Vessel Safety Act passed by Congress, a new law that will require more fire protection equipment, crew training , better handling of lithium-ion batteries, and at least two avenues of escape.
“It helps channel the grief into something positive and we need to be able to do that,” Kathi said. “Otherwise you just focus on the grief and the loss.”
“I just want to make his life...the memory of his life mean something and the meaning is: Cause changes that save other people’s lives,” Clark said.