Cosco Busan ship pilot Cota could face fines, prison time
By Francine Brevetti
Oakland Tribune
On Nov. 7, 2007, the Cosco Busan, a 65,131-ton container ship, grazed against the base of the Bay Bridge, gashing its hull and spewing 58,000 tons of crude oil into the Bay. Substantial environmental damage resulted, including the deaths of thousands of birds, some of which were endangered species.
Capt. John Cota of Petaluma, licensed under the U.S. Coast Guard and a California-licensed ship pilot, was at the helm and charged as being responsible for the accident.
The federal attorney has accused Cota of two misdemeanors under the Clean Water Act and Migratory Bird Treaty Act. He could be sentenced to a maximum of 18 months in federal prison and $115,000 in fines.
Cota also faces two felony charges of lying in Coast Guard annual medical reports, in 2006 and 2007. It has been revealed during investigations that he has been on prescription drugs for sleep apnea and has two DUI convictions. Both situations are grounds for losing his Coast Guard license.
He also is charged with acting in a negligent manner.
Attorney Jeff Borenstein said a motion to dismiss the charges will be entered July 18. If it does not proceed, a tentative trial date is set for Oct. 20.
The Coast Guard has suspended Cota’s federal license and the state pilot commission has suspended his state license, according to Capt. Pat Molloy of the state pilot commission. Both bodies are preparing to revoke Cota’s licenses.
Maritime attorneys have said that it is rare for criminal charges to result from errors.