Hard to say since we don't have all the facts and I'm not versed in BVI law.

However, gross negligence is traditionally a pretty high standard. More than carelessness; the phrase commonly used is "reckless disregard"

Did he act in reckless disregard for the safety of that group? I don't know, but based solely on the limited information in the story, I don't see it.

The story has the prosecution stating he was :

"a negligent captain who operated the boat at an unsafe speed, drove while under the influence of alcohol, and failed to ensure that his passengers were wearing life jackets."

Ok. Let's look at those allegations.

1). Operated at an unsafe speed. Show me what speed the boat was operating at. The story doesn't mention it and I'm nearly 100% confident the government lacks the ability to prove the speed the boat was traveling when the collision occurred. The fact that an accident occurred is not evidence in and of itself that the speed was unsafe.

2). Drove under the influence. Really? If true that would certainly be strong evidence of reckless disregard. However, the witness has stated he didn't appear to be intoxicated and it doesn't appear the investigators bothered to draw breath or blood to get a BAC. You don't get to just assume he was drunk and if they had a BAC that's important enough I think the story would have mentioned it.

3) his passengers weren't wearing life jackets. maybe it's my ignorance, but this one I just don't get. Is there a law or reg I'm unaware of that requires passengers to wear life jackets? Good idea or not virtually nobody wears life jackets. If not making passengers wear jackets amounts to a reckless disregard for their safety there are a lot of grossly negligent captains running around the BVI. Including the CCC's and the professionals.

4) there appears to be some question as to who was actually driving the boat. The prosecution doesn't think it matters, which means they feel simply allowing the other lady to drive was gross negligence. I'm not sure how that works unless they can prove that he somehow knew she was incapable of operating the boat safely. I doubt they can do that.

Based on what I know, if I'm the judge or a juror: not guilty.

A tragic and unfortunate accident to be sure, but from what I've read not criminal.