The powerboat involved in the collision was controlled by
Guillermo González Nova, multimillionaire president of the
Comercial Mexicana supermarket chain, who was on board with members of his family. The boat was owned by
Carlos González Nova, brother and founder of the chain. One employee of Guillermo González Nova, boathand José Cen Yam, stated that he was in control of the boat at the time of the incident.
[15][16] Eyewitnesses said that Cen Yam was not at the controls and that the boat was travelling much faster than the speed of one
knot that González Nova said.
Cen Yam was found guilty of
culpable homicide and was sentenced to 2 years 10 months in prison. He was allowed under Mexican law to pay a
punitive fine of 1,034
pesos (about €63, £61 or US$90) in lieu of the prison sentence. He was also ordered to pay approximately US$2,150 in restitution to MacColl's family, an amount based on his wages. People who said they spoke to Cen Yam after the killing said he received money for taking the blame.