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57-year-old Javier A. Burillo, of Belvedere, was sentenced to Marin County Jail for manslaughter during the conduct of a ship, self-inflicted injury or injury to a child, and Careless or negligent conduct of a vessel, said Tiburon Police Department. .
Douglas Horngrad, Burillo's lawyer, said: "It was a tragic and horrible accident.It is innocent and in mourning and I expect that no charges will be brought in the death of this young man. "
Burillo and his family were on a boat from San Francisco to Corinthian Yacht Club, a suburb of Tiburon, when his sons fell into the sea, the police said.
The brothers, aged 11 and 27, were struck by the ship while in the water. Burillo was driving the boat, the police said.
Burillo was able to bring his sons back on board and took them to the Corinthian Yacht Club. When paramedics arrived to help them, they found the dead boy and treated Burillo's eldest son for cuts in his leg, the police said.
The cause and death pattern of the boy is still under investigation, pending the results of a toxicological review, Marin County officials said.
Burillo was arrested after showing a blood alcohol level in excess of the legal limit of 0.08%, Chief Cronin told CNN.
"It was a terrible tragedy and we do not intend to add to Mr. Burillo's pain, but we have sworn to uphold the law and that's what we did in this situation," said Cronin.
Burillo was released on Monday with a $ 1 million bail, the police said.
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