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D.A.: No Charges in Deadly Oyster Bay Sinking

Investigators say not enough evidence to bring criminal charges in tragedy that left three kids dead.

Nassau County authorities will not bring criminal charges in the July 4 sinking of a crowded pleasure boat that left three children dead.

District Attorney Kathleen Rice's office said Thursday there is insufficient evidence to mount a criminal prosecution in the case.

The July 4, 2012 sinking took the lives of three children, Victoria Gaines, Harley Treanor and David Aureliano, who were aboard the Kandi Won when it capsized and sank off Oyster Bay following a fireworks display.

"The Office of the District Attorney has determined that no criminal charges are appropriate," said D.A. spokesman John Byrne. "The investigation uncovered a unique combination of circumstances that led to this specific boat’s capsizing."

Byrne said the seven-month investigation also uncovered gaping holes in the maritime regulatory system and "contributory design flaws in the vessel." 

"The combination of these factors proved to be deadly but cannot support criminal charges that require proof beyond reasonable doubt," Byrne said.

The DA’s office intends to issue a comprehensive report of the sinking and will offer recommendations at a later time, he said.

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