A father was arrested when his 11-year-old son was killed after falling from a boat in California

A California father was arrested after his 11-year-old son was killed during a boating trip in the San Francisco Bay, police say.

Javier A. Burillo, 57, of Belvedere was booked into the Marin County Jail on suspicion of vehicular manslaughter during the operation of a vessel, willful harm or injury to a child, and reckless or negligent operation of a vessel, the Tiburon Police Department said.

Douglas Horngrad, Burillo’s lawyer, said “It was a tragic, horrible accident. He is innocent and grieving and I expect that no charges will be filed in this young man’s death.”

Burillo and his family were on a boat traveling from San Francisco to the Corinthian Yacht Club in the suburb of Tiburon when his sons fell overboard into the bay, police said.

The 11-year-old and 27-year-old brothers were struck by the vessel while they were in the water. Burillo had been driving the boat, police said.

Tiburon Police Chief Michael Cronin told CNN affiliate KGO the boat “apparently hit a wave or a sudden gust of wind” right before Burillo’s sons fell.

Burillo was able to pull his sons back aboard and took them to the Corinthian Yacht Club. When paramedics arrived to help them, they found the boy dead and treated Burillo’s older son for cuts on his leg, police said.

The boy’s cause and manner of death remain under investigation, pending the result of a toxicology screening, Marin County officials said.

Burillo was arrested after he showed a blood alcohol level above the legal limit of .08%, Chief Cronin told CNN.

“This was a horrendous tragedy and it’s not our intention to add to Mr. Burillo’s grief but we are sworn to uphold the law and that’s what we’ve done in this situation,” Cronin said.

Burillo was released on $1 million bail Monday, police said.