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Cruise ship passenger subject of gay slurs prior to fall overboard, attorney alleges

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For Bernardo and Eric Elbaz, married for about a year, a Caribbean cruise was to be a week-long getaway and a celebration of Eric’s birthday. He turned 34 on Wednesday.

But the celebration turned suddenly to tragedy when Bernardo Elbaz went over a balcony of the couple’s cabin aboard the Oasis of the Seas, cruise line officials said, and clung to a davit holding a lifeboat before losing his grip and plunging into the sea.

The dramatic events were captured in at least two heart-stopping cellphone videos shot by passengers.

A Coast Guard search of the area, about 17 miles east of the Turks and Caicos Islands, was called off Saturday.

Elbaz, 31, a filmmaker who lived with his husband in New York City, has not been found.

Now, differing versions of what happened about 1 a.m. Friday are being provided by cruise line officials and Elbaz’ family, represented by Miami attorney Michael Winkleman.

In a statement issued Friday, Royal Caribbean said that crew members spotted Elbaz “intentionally going over the side of the ship.”

In an updated statement cruise line officials later added, “Our onboard security team responded to the guest’s stateroom after a neighboring guest complained about a domestic dispute on the guest’s balcony.

“Our staff did not have a physical altercation with the guest and were unable to prevent his jumping from the stateroom balcony.”

Winkleman said Elbaz had no intention of going overboard. “Royal Caribbean says this was a domestic dispute and a suicide, saying that he jumped. That was anything but the case,” Winkleman said.

Based on interviews with Eric Elbaz, Winkleman said the couple had been subjected to gay slurs from crew members earlier in the cruise. “At the bar there were comments like, ‘Hey, Lipstick,'” said Winkleman. “Bernardo was sensitive about those issues.”

On Thursday, following a late dinner, Eric Elbaz went to the couple’s cabin while Bernardo stayed at the bar. “There was some altercation, a fight, more anti-gay remarks,” said Winkleman.

When Bernardo returned to the couple’s room after midnight, he was “definitely inebriated, crying, swearing at crew members who may have followed him,” Winkleman said. “He was so angry he threw a lamp, a chair.”

After a second visit to the room by security staff, “there is another long altercation, with maybe as many as five or six crew members,” Winkleman said.

The door to the balcony was open, Winkleman said, “and [Bernardo] falls over into the life boat.”

The cruise line did not respond to requests Sunday for further comment.

“What is so unique about this case is we have remarkable video – shocking, unbelievable video – so that we can really know the truth here,” Winkleman said.

In the passengers’ videos, Elbaz’s is seen dangling off the side of the ship as a crew member attempts pulling him to safety.

“Hold on to him! Don’t let him go!” a man can be heard screaming on the videos. “My husband! Oh my God! Hold on to him!”

Winkleman identified that man as Eric Elbaz.

About a minute into the videos, Bernardo Elbaz, appears to lose his grip, and plummets into the churning sea below. “Get the life raft in the water,” a woman yells.

Bound for Port Everglades, the ship stopped and began rescue efforts that were continued by the Coast Guard. The hunt covered 931 square nautical miles before being suspended, Coast Guard officials said.

The incident is under investigation by the Broward Sheriff’s Office.

“Royal Caribbean is deeply saddened by this event,” the company said in its statement Saturday. “We will continue to provide assistance to the family as well as law enforcement.”

Relatives of Bernardo Elbaz, who are in Brazil, are urging the Coast Guard to resume searching, Winkleman said. Last week searchers spotted a body in the water that appeared to be Elbaz, but were not able to recover it, Winkleman said.

mwclary@tribune.com