The city is not liable for the drowning deaths of four teenage boys in a small rowboat boat off City Island, a Bronx judge ruled yesterday.
Judge Kenneth Thompson ruled that one of the boys’ “horrific” but brief 911 call – which lasted about 12 seconds – was not enough to give the boys reason to believe anyone was coming to their rescue.
On the night of Jan. 24, 2003, Henry Badillo, 17, and three buddies – Max Guarino, 17, Charles Wertenbaker, 16, and Andrew Melnikov, 16 – are believed to have stolen a seven-foot dinghy from a City Island marina, launched it from a beach on the outskirts of a cemetery, and tried to row to a nearby island. They drowned when the boat sank in the frigid waters.
At one point, Badillo called 911 and managed a few words before losing reception.
“Hello – ah – we’re – Listen – We’re on the Long Island Sound, in a boat, on the coast of City I -We’re gonna die,” he said.
The boys’ parents had complained in lawsuits that the city’s negligence caused the deaths.