Brothers Yesser Rizo-Acevedo, 26, and Eliott Rizo-Acevedo, 31, died on September 4, 2026, while unloading a fishing vessel at Daybrook Fisheries in Empire, Louisiana. On October 29, Plaquemines Parish Coroner Dr. Neil Wolfson said the brothers suffocated in the vessel’s fish well after decomposing menhaden released hydrogen sulfide. He classified both deaths as accidental. FOX 8’s October 29 report.
What the coroner and the employer reported
Westbank Fishing identified the brothers as its employees. The company said two employees died during unloading operations. Westbank Fishing’s September 4 statement, published by WDSU.
The coroner said one brother died trying to rescue the other. The Plaquemines Parish Sheriff’s Office told FOX 8 it found no criminal negligence. OSHA said its investigation was open as of October 29. Civil responsibility requires a separate analysis of the evidence and applicable law. FOX 8 identified Daryl Gray and Jimmy Harris as attorneys for the brothers’ families.
What could explain the conditions inside the well?
The location of each air sample matters when reconstructing conditions inside a vessel’s well. Gas readings, if available, would be most informative alongside the time, sampling depth, instrument checks and the status of any ventilation. The catch log and unloading timeline could show how long the fish had been aboard and when the well was opened.
The rescue raises a separate question. Witness accounts, radio traffic and equipment records could show when the second brother entered, how the crew called for help, and whether a retrieval system or trained rescue team was available. OSHA’s hydrogen sulfide guidance explains why air testing, ventilation and rescue planning matter. The reports do not establish which precautions were in place that morning.
Why each brother’s work history matters under maritime law
A single unloading shift does not establish whether either man was a seaman. Crew assignments, payroll and vessel logs could show whether his regular duties contributed to a vessel’s work and whether his connection to a vessel in navigation, or an identifiable fleet, was substantial in both duration and nature. That is the test in Chandris v. Latsis. For a qualifying seaman, the Jones Act permits a personal representative to bring a claim against the employer for negligence that caused the death. The public reports do not establish either man’s status or employer fault.
A shore-based worker unloading vessels may instead qualify for federal Longshore benefits, including death benefits for eligible survivors, depending on the work, location and statutory exclusions. The Act excludes vessel crew members. Vessel ownership and responsibility for the unloading operation are separate questions from who signed the paychecks. See the Labor Department’s Longshore coverage guide and our overview of maritime worker status.