After tragedy at sea, a sharp divide emerges between teens' families

South Florida Sun Sentinel - 6/23/2017

June 23--Before Tequesta teens Austin Stephanos and Perry Cohen disappeared at sea nearly two years ago, the 14-year-old boys had built a solid friendship along the waters near their homes.

Their parents also got along well.

Pals since they were 10, the kids often fished and boated together and used social media to stay in touch, though they attended different schools in Jupiter. Perry once took a trip to the Bahamas with Austin and his family, and there was talk of a joint-family fishing foray to the islands. Perry's stepdad had a business dealing with Austin's stepdad concerning the sale of a boat.

But newly released records show the families' good relations ended the moment Austin's mom called Perry's mom late on the afternoon of July 24, 2015, to report the kids were missing in the ocean and had not been heard from for about five hours.

There was "shock and dismay over learning that Austin's family had betrayed a trust with regards to the limitations clearly placed on Perry's authority to go offshore," Perry's stepdad recalled in a Feb. 22 meeting with investigators. Perry's family also was in disbelief that Austin's family had not yet called 911, he said.

The hard feelings have only intensified in the past week. Perry's mom's lawyer used the words "eye-opening" to describe a law enforcement report recommending that criminal child neglect charges be brought against Austin's mother, Carly Black, for permitting the boat trip.

Yet state prosecutors declined to file any counts on May 22, saying there was "insufficient proof" of a crime, according to the just-published report.

The bitter rift between the teen victims' loved ones has never before been documented so publicly, though there had been some indications of trouble.

In a new report only released to CBS12, we take a closer look at the key factors that lead to the tragic disappearance of the two Tequesta teens, Austin Stephanos and Perry Cohen. The Florida Department of Law Enforcement releases details of it's investigation just one day after the final report from Florida Fish and Wildlife was released. (WPEC-CBS12)

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Less than three months after the disappearance, Perry's parents asked Austin's parents not to connect the boys' photos "in any written or electronic format." For public vigils marking the one-year anniversary of the tragedy, the families were separated. And a lawsuit was filed by Perry's mom to have a judge referee what turned out to be a fruitless search for data on Austin's recovered, saltwater-destroyed iPhone.

Still, the South Florida community that rallied behind the families and shed tears with them largely has viewed the boys' legacy as being inextricably linked. Their almost certain deaths -- no bodies were ever found -- became the impetus for a new state law on boater safety that takes effect July 1.

Legal battles underway

Today, the teens' biological and stepparents communicate only in legal proceedings, and Perry's estate is considering a wrongful death lawsuit against Austin's mother, over negligence allegations.

Late last year, Black filed a petition in federal court seeking to limit her liability under maritime laws to $500 -- the cost of the damaged vessel she owns, an 18-foot, single-engine, 1978 SeaCraft.

The mother contended that the loss of life "occurred through no fault or negligence" by her and that the boat was properly equipped and in good condition, so all claims against her should be capped.

A judge is expected to make a ruling on the request, which is opposed by Perry's biological parents, Pamela Cohen and Phil Cohen.

A pleading in the case filed last month by Perry's mother offered a possible preview of a state lawsuit against Black, once the federal court matter is resolved.

Cohen accused Black of being clearly responsible for the boys' deaths, in part because the boat was not kept in a seaworthy condition and had no radio equipment on board. According to authorities, severe weather reached the area about 1:30 p.m., when the boat was offshore.

"Due to the failure to properly equip the vessel, Austin and Perry had no way to mayday as the storm was approaching," wrote attorney Guy Rubin, representing Pamela Cohen.

The same pleading also accused Austin's mom of failing to monitor the boys' use of her boat, "such that they were able to leave the safety of easily navigable waters."

Records show Austin was the more experienced of the two boys on the water. He completed a boater education course in March 2012, nearly 2 1/2 years before Perry.

Perry's parents have said they permitted him to go fishing with Austin only on inland waters that day or any day, never off the coast.

Bahamas rumors

Authorities have investigated social media allegations, including Snapchat messages with other friends, that the boys were instead trying that day to journey to the Bahamas.

An attorney for Perry's father has filed a court pleading with a map depicting a route from the Jupiter Inlet to the Bahamas. The lawyer wrote one of Austin's unnamed friends had this map, which was obtained by investigators.

But authorities say there is no clear evidence of an attempted trip. A U.S. Coast Guard report made public last December notes that an examination of the boys' iPads, supplied by the parents within days of their disappearance, yielded no information about plans for a Bahamian excursion.

The teens last were seen buying about $100 worth of gas at a Jupiter marina.

Austin's phone disconnected from the internet about 1:16 p.m., just before the storm passed over the area, according to phone records.

Their empty boat was initially found about 67 nautical miles off the coast of Daytona Beach two days after they disappeared, but it drifted away because it wasn't secured.

In early August 2015, a Sarasota-based flight school found life vests and a seat cushion near Savannah, Ga. A canine named "Quincy" alerted to the boys' scents on the vests, according to the findings of a private search firm hired by the Cohen family.

Blu Stephanos, father of Austin, has told investigators that the Cohen family has "consistently refused" to share the firm's report, and said he was met with resistance from the start of the search off Georgia.

More revelations

This month, officials released two reports that further fueled already high interest in the case.

First, the Florida Fish and Wildlife Conservation Commission detailed its findings of a forensic investigation of the vessel, found in March 2016 by a Norwegian supply vessel about 170 miles east of Bermuda.

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