FWC DIVISION OF LAW ENFORCEMENT WEEKLY REPORT. February 15-21, 2013

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1 FWC DIVISION OF LAW ENFORCEMENT WEEKLY REPORT February 15-21, 2013 This report represents some events the FWC handled over the past week; however, it does not include all actions taken by the Division of Law Enforcement. Patrol, Protect, Preserve 1

2 NORTHWEST REGION ESCAMBIA COUNTY Lieutenant Dan Hahr was conducting enhanced patrol in the Escambia River WMA at Cotton Lake when he observed a vehicle stop and then spin out, creating ruts in the clay road. He turned around and caught up to the vehicle. He conducted a traffic stop and observed unusual movement in the cab of the vehicle. When Lieutenant Hahr approached the vehicle, he observed the man he saw driving just moments earlier now sitting in the back seat and a woman sitting in a puddle of ice and liquid in the driver seat. When asked why he was in the back seat, the man answered that he was driving and had just jumped back there. Lieutenant Hahr detected obvious indicators of impairment in both subjects. He determined that the woman knocked over two mixed drinks in the driver seat as she slid over the console into the driver seat. The man admitted to driving despite the fact that he has not had a driver license in 20 years and had been in prison for driving with a suspended driver license. Lieutenant Brian Lambert and Officer Matt Cushing arrived on scene to assist. After performing very poorly on field sobriety tasks, the driver was arrested for DUI and driving while license suspended or revoked. The driver was transported to the Escambia County Jail where he provided a breath sample resulting in.150g/210l. The driver was also issued a citation for driving with an open container of alcoholic beverages. The woman was warned and released. SANTA ROSA COUNTY Officer Howard Jones was on ATV patrol in a remote closed area of the Eglin Air Force Base WMA. He found and followed ATV tracks to a tree stand which had corn and a mineral lick on the ground nearby. Officer Jones then followed the ATV tracks from the location for some distance, but lost the sign in dense woods. At his request, an FWC airplane arrived and an aerial search was conducted. The pilot located an ATV hidden in dense cover and directed the officer to it. Officer Jones located foot tracks at the ATV, and the pilot continued a search in the tracks direction of travel. A K-9 squad from the Okaloosa Department of Corrections responded to the area, as well as officers of the Eglin Range Patrol, and Investigator Jim Hughes, Officer Pete Rockwell, and Lieutenant Philip Glover. The pilot located a vehicle about 1½ miles away, and the officers made contact when a man walked out of the woods to the vehicle. During a subsequent interview, the individual admitted to placing the tree stand and bait on the management area, hunting in the closed area, and leaving the ATV. The equipment was seized and charges are pending. OKALOOSA COUNTY Officer Ken White and Investigator Ryan Nelson met with a subject at the Eglin Air Force Base WMA check station regarding an illegal deer that was taken in a restricted antler area. It was later determined that the deer was legally harvested in another area that had no antler restrictions, but a computer check revealed the subject was a 2

3 convicted felon, and his rights to possess a firearm had not been restored. His firearm was seized. Charges for possession of a firearm by a convicted felon will be direct-filed with the State Attorney s Office. OKALOOSA COUNTY COPS Captain Mary Sumner and Officers Pete Rockwell and Charles Jarvis attended the quarterly Bear Issues Committee meeting at Jackson Guard in Niceville. The group met with biologists, wildlife technicians, and public information officers with FWC, Eglin, and Hurlburt Field Natural Resources. WALTON COUNTY Officer Randall Brooks received a complaint of trespassing from an employee on Nokuse Plantation. Officer Brooks made contact with a subject and determined he had entered the posted property from the Choctawhatchee River. The subject was booked into the Walton County Jail for trespassing. BAY COUNTY Officer Jim Moore continues to work with the State Attorney's Office as they prepare for trial on a boating accident involving two vessels that occurred last summer. Officer Moore had previously charged one operator with three counts of aggravated battery, three counts of aggravated assault, one count of petit theft, and one count of violation of navigational rules resulting in a boating accident. In preparing for trial, a search warrant was served by Officer Moore with assistance from Officers David Brady, Michael Goodwin, and Espy Letcher to obtain engine data from the outboard motors. Officer Karl Hellett observed a vehicle on Thomas Drive towing a pontoon boat with no tag on the boat trailer. Officer Hellett received information in previous months that this particular vessel had been involved in harvesting grouper and red snapper during closed season. Its occupants were hiding the fish in the rolled up bimini top. He noticed that the bimini top appeared to have something rolled up in it. Officer Hellett confirmed that there was a valid tag assigned to the trailer; however, the owner advised he had placed it on another vehicle at his residence. Officer Hellett asked if they had a good day on the water, and the operator stated that they were fishing but did not keep any fish. Officer Hellett asked if he could inspect the vessel for fish, and the operator consented. Officer Hellett found three red snapper and four gag grouper in the rolled up bimini top. Both subjects claimed catching and keeping the fish. Citations were issued for possession of gag grouper during closed season and possession of red snapper during closed season. The operator also was issued a written warning for failure to display a valid license plate. While returning home from a deer decoy detail on Dead River Road, Officer Cromwell Letcher observed a vehicle traveling westbound on Highway 20 driving on the wrong side of the road. He initiated a traffic stop and made contact with the driver, who 3

4 appeared to be impaired. After completion of field sobriety tasks, the driver was arrested for DUI. Results of the breath alcohol test were.131 and.145. NORTH CENTRAL REGION BAKER COUNTY Last weekend, numerous FWC Officers participated in the Annual Olustee Civil War reenactment battle at Olustee State Park located off US 90 east of Olustee. The fiveday detail was a success, with no major incidents reported. FWC utilized the command bus from Tallahassee during the event. Approximately 20,000 people attended the reenactment. COLUMBIA COUNTY - COPS Lieutenant Tim Kiss participated in the Annual Olustee Battle parade in Lake City. Several state, county, and city law enforcement agencies represented their respective agencies during the parade. DUVAL COUNTY The conclusion of a 15-month investigation which involved investigators from multiple agencies, mainly the United States Fish and Wildlife Service (USFWS), FWC, and Georgia Department of Natural Resources (DNR), resulted in a Jacksonville man being found guilty by a jury in the United States District Court in Brunswick, Georgia, for lying to a federal officer about being bitten by a black mamba. This fabrication sparked an intense search for a black mamba which never existed and ended up costing these agencies over 500 man-hours in searching for the non-existent snake. The suspect will be sentenced at a later date. On Saturday, Investigator Kevin Larson and Officer Tim Shearer found some hunters running hog dogs in Cary State Forest where it is illegal to use dogs to chase hogs. The hunters entered a portion of the forest on an ATV from an adjacent hunt club and when the officers made contact with the subjects, they admitted to having done it in the past. One of the subjects had had his hunting license revoked for a previous incident involving the illegal killing of a deer. Citations were issued for hunting with dogs on a WMA, using an ATV in a state forest, and hunting while privileges were suspended. Officer Rob Geib organized an operational detail to conduct inspections of local retail fish markets to ensure compliance with quality control, license, receipt, and specific species rules. Officers Roland Green, Jason Bryan, Traci Stebbins, Matt Quarterman, Reserve Officer Tom Quinlan, Investigator Jill Izsak and Lieutenant Brad Givens participated in the detail. Two businesses were issued citations for selling saltwater products without the required license, and two other businesses were issued citations for failing to keep and produce receipts. Seven written warnings were issued for other 4

5 violations involving quality control, failure to keep records, and for taking horseshoe crab by illegal method. NASSAU COUNTY Lieutenants Paul Arkin and Tony Wright, Pilot Joe Johnston, Officers Steve Vienneau, Matthew Stuhr, Jamey Stowell, Traci Stebbins, Matt Griffis, David Waldo, Tim Shearer from FWC, and Deputies Ken Clements and J. Booth with the Nassau County Sheriff s Office (NCSO), participated in the Forest Frenzy Detail in Nassau County. The detail targeted illegal night hunting and other criminal violations on state lands, state forests, and WMAs. Officers were assigned to Carey State Forest, Four Creeks State Forest, Ralph Simmons State Forest, Nassau County WMA, and private hunt clubs and roadways. With the help from FWC eyes in the sky, Pilot Joe Johnston was able to detect vehicles in the areas resulting in a total of 13 non-criminal infractions issued for violations of state forest rules, two misdemeanor notices to appear for cannabis and drug paraphernalia, two uniform traffic citations for alcoholic beverage violations, two written warnings for violations of WMA rules, and a public assist for a vehicle stuck in a ditch outside Four Creeks State Forest. NORTHEAST REGION VOLUSIA COUNTY RPO Don Meurlot and Officer Audrey Zahn were following up on information received from a commercial fisherman concerning someone illegally molesting his stone crab traps in the coastal waters. Through investigation, it was discovered the possible adult suspects were living on a nearby state-owned spoil island. The island was placed under surveillance and the suspects and vessel were identified. A stop was made on a suspect in the vessel. The vessel's registration was expired and another registration decal was unlawfully attached. Three stolen commercial crab traps were recovered at the island camp. A residence in a town near the island was identified and an interview was conducted there, as well. Although no resource evidence was obtained, counterfeit $100 bills were discovered in plain view. This evidence was turned over to the Orlando office of the Secret Service. All aspects of this case are under review by the State Attorney's Office. Charges are pending. ORANGE COUNTY Officer Brian Baine responded to a complaint about someone hunting turkeys. He arrived at an Orange County home in Christmas and found three hen turkeys laid out in the driveway. The Orange County man was issued a notice to appear on three counts of taking turkeys during closed season. 5

6 SEMINOLE COUNTY Officer Bernard Bresie saw a vehicle leaving Little Big Econ State Forest after dark. The vehicle then passed him at a high rate of speed in a residential area. He stopped the vehicle and during the stop a small amount of marijuana was discovered. The passenger claimed ownership and was issued a notice to appear. While Officer Bresie was at the Titusville Office turning in the evidence from the earlier case, he was approached by a concerned fisherman. He informed Officer Bresie that the shrimp were running good at the Railroad Bridge and that people were keeping over the bag limit. After he turned in the evidence, Officer Bresie went to the public ramp by the Titusville Office. He checked the first vessel that came in, and the Orange County man had an active warrant for failure to pay child support. He was booked into the Brevard County jail. SOUTHWEST REGION HERNANDO COUNTY Investigator Chad Paul responded to a complaint of solid waste dumping and wetlands filling in Brooksville. The investigation revealed a commercial business was dumping large amounts of tree debris to fill wetlands on the property. The owner was issued a notice to appear for disposing of solid waste in an unpermitted facility. DEP was notified and is managing site remediation of the solid waste. HIGHLANDS COUNTY Officer Greg Patterson observed a vehicle parked on US 98 near Cornwell next to the Kissimmee River public use area. Officer Patterson waited until a man and woman exited the area at this location, which was not a legal entry or exit point. Both subjects had been hunting wild hogs. The male subject was issued a citation for the misdemeanor, and the female received a written warning. LEE COUNTY Investigator Garrett Kusienski investigated a complaint from DEP that a Saint James City property owner has cleared several thousand square feet of mangroves without a permit. A three-month investigation revealed the subject hired a work crew to enter his gated community and cut the lawn and trees on his property. The subject also engaged the work crew to clear mangrove, which was not on his property, nor did they have permission to enter the property or conduct clearing. The subject was issued a notice to appear for trespassing and failure to obtain a permit for mangrove eradication. 6

7 MANATEE COUNTY Investigator George McCorkle observed a pickup truck being operated in the Cortez area carrying a large amount of solid waste. The driver was acting suspiciously and appeared to be looking for a place to dump the solid waste. Shortly thereafter, the subject was observed unloading the solid waste in the backyard of a residence. Upon leaving the area, the vehicle was stopped for an expired tag. An investigation revealed he received permission to temporarily store the solid waste at the residence because of a bad tire on his vehicle and he would be removing the waste once his tire was repaired. The subject was issued a summons for driving with a suspended driver s license and a citation for an expired tag. OKEECHOBEE COUNTY COPS Lieutenants Chris Colon and Joe Allen gave a presentation to the Civil Air Patrol Squadron in Okeechobee. Lieutenant Colon did a power point presentation of the FWC s airborne enforcement capabilities which was enthusiastically received by cadets and senior members alike. Lieutenant Allen displayed a law enforcement airboat and spoke about the FWC s role concerning enforcement on the state s water bodies. PASCO COUNTY Investigator Chad Paul conducted a quality control inspection of a roadside seafood stand in New Port Richey. The inspection revealed inadequate icing and no records for origin/date/quantity of saltwater products. An in-house check of the owner revealed six warnings for commercial quality control violations in 2011 and 2012, which included inadequate refrigeration of product and lack of records. The owner was issued a notice to appear for failure to keep adequate records and a warning for inadequate icing of saltwater products. Investigator Chad Paul filed for an arrest warrant charging a Dade City subject with reckless burning of wild lands based upon a case referral from the Pasco County Fire Rescue Investigator. The subject had ignited a yard waste debris pile on his property and left his property and the fire unattended. The fire spread to a nearby property igniting lands, fences, trees and bales of hay causing $4,000 in damage. The subject has a history of illegal burning on the property with Pasco County Fire Rescue. A warrant return is pending. POLK COUNTY Investigator Steve Hough investigated a complaint from the Division of Forestry regarding property in Lakeland containing a large volume of tree debris. The investigation revealed the landowner was allowing a contractor to dump truckloads of tree debris onto the property, which the landowner later burned. The landowner was issued a notice to appear for operating an unpermitted yard waste facility. The tree removal contractor was contacted and will remove approximately three large truckloads of debris from the property within 30 days. 7

8 Officers Robert Adams and Kevin Sweat were following up on an investigation of illegal hunting activity when they were approached by a local resident. The man spoke with the officers for quite a while and provided them with information of other possible illegal activity occurring in the area. Towards the end of their conversation, the man inquired about the regulations concerning the possession of venomous reptiles and admitted to possessing an eastern diamondback rattlesnake. The man invited the officers inside his residence and showed them an aquarium containing the snake. After confirming the man was not licensed to possess the snake, the officers seized the snake and turned it over to a local person with the proper permits to possess venomous reptiles. The officers educated the helpful man about the laws concerning the proper permits required and issued him the appropriate paperwork. Officer Prowant located three subjects trespassing on private property in south Polk County. It was determined that the subjects entered the property illegally to fish on the private lake. The subjects were originally issued warnings for trespassing, infractions for fishing without a license, and one subject was issued a notice to appear for possession of undersized bass. The subjects were released at the scene. Officer Prowant, along with Officer Cocke, went downhill to the water and searched the area to see if there was any sign of where the subjects were fishing. Officer Cocke discovered a softshell turtle with its head recently removed. Officer Prowant walked about 50 yards around the lake shore and discovered fishing gear (cast nets and fishing poles) that the subjects abandoned prior to making contact with him. It also was discovered that the subjects had a stringer containing 14 black bass and tilapia on it. Officer Bontrager provided Officer Prowant with a game camera to set up on the abandoned property that the subjects left by the lake. A short time later the subjects returned to private property to get their gear and the fish that they left and were caught on camera. Officer Prowant direct-filed additional criminal charges for trespassing and willful/wanton waste of wildlife with the Polk County State s Attorney Office. POLK COUNTY COPS Officer Jim Adams conducted a presentation at a wild game dinner in the Avon Park Bombing Range sponsored by the Federation of Christian Sportsmen. Officer Adams spoke of the duties of the FWC and of the Division of Law Enforcement. SOUTH REGION A BROWARD COUNTY Officers J. Wright and Brock conducted a fisheries and quality control inspection at a supermarket in Sunrise. The supermarket had a seafood section. Upon the completion of the inspection, the supermarket was found to be in possession of 39 undersized mutton snapper. With this information, the officers cited the owner of the supermarket with possession of undersized mutton snapper and seized 39 dead mutton snapper as evidence. 8

9 Officers Asa Dias and Austin Warne were on water patrol near Port Everglades when a vessel passed them with four people onboard. The four occupants seemed uneasy and made it a point not to look in the officers direction. During a boating safety and marine fisheries inspection, undersized and out-of-season red grouper were located. A closer look revealed undersized mutton snapper, undersized yellowtail snapper, and undersized gray triggerfish. The individuals stated they didn't know the regulations; however, two Florida Sportsman lawsticks were sitting on the seat next to a passenger in plain view. A total of nine misdemeanor citations and three written warnings were issued during the stop. ST. LUCIE COUNTY FWC Investigators filed charges with the State Attorney s Office regarding a violation of the Florida Manatee Sanctuary Act. A Ft. Pierce man allegedly approached a manatee calf in Taylor Creek in St. Lucie County in January. FWC investigators received a tip from a citizen regarding pictures that the man had posted on Facebook. The pictures show he and two young children petting a manatee calf. They also show the man lifting the calf partially out of the water. One image even shows a child sitting on top of the manatee. The State Attorney agreed with the charges filed by FWC Investigators, and subsequently issued a warrant for the subject s arrest. The Florida Manatee Sanctuary Act stipulates that it is illegal to injure, harm, harass, capture or attempt to capture a Florida manatee. An interaction that may seem harmless and innocent may ultimately have serious consequences for manatees and other wildlife. This investigation is an example of the FWC s commitment to carry out our mission to protect Florida s natural resources and people through proactive and responsive law enforcement services. SOUTH REGION B COLLIER FWC Officers Brian Barringer and Gregg Stastny, National Park Rangers, Officers from Collier County Sheriff s Office, and the United States Coast Guard (USCG) responded to a search and rescue in rough weather at Pavilion Key in Ten Thousand Islands. A 71-year-old man in a canoe turned over late at night. Despite the rough weather, a USCG helicopter pilot with night vision goggles spotted the man among the mangroves. The USCG Officers were able to hoist him to safety and transport him to Naples Municipal Airport, where EMS took him to the hospital for evaluation. He was treated and released. Lieutenant Josh Caraker, Officers Jason Futch, Shawn Polly and Clayton Tolbert conducted a detail in Collier-Seminole State park for the annual Jammin in the Hammock Blue Grass Festival. There was an estimated 1,400 people in attendance, with our officers providing general law enforcement services during the festivities. 9

10 There was one arrest and a combined total of 27 citations and warnings issued during this event. A detail was conducted for the 50-mile run in the Fakahatchee Strand Preserve State Park. Officers Jason Futch, Shawn Polly, and Clayton Tolbert provided general law enforcement services for this event, which had an estimated crowd of approximately 250 people, with a total of 145 runners. Officer Shawn Polly was on patrol at the Jet Port when he observed a couple of fishermen fishing from shore. He inquired if they had any luck fishing, and the fishermen produced a five-gallon bucket of fish, which were dumped out on the ground. Officer Polly observed that the fishermen had caught 13 butterfly peacock bass and two black bass. He informed the fishermen that they had nine butterfly peacock bass over the bag limit. Citations were issued and the butterfly peacock bass were retained as evidence. MIAMI-DADE Officer Jorge Pino, Officer Luis Delgado, Officer Gabriel Fernandez, and Officer Marc Ingellis manned the FWC s community relations booth at the Miami International Boat Show. The officers distributed several hundred fishing regulations pamphlets and answered many questions. Captain Guy Carpenter, Investigators Jerry Leathers and David Bingham, Officers Pino, Lashells, Dube, and Reserve Officer Lotker assisted with the Python Challenge 2013 at Zoo Miami. By all accounts the event went off without a hitch. Officer Lashells investigated a criminal mischief complaint at Bill Baggs Cape Florida State Park, which resulted in over three thousand dollars in damage to the State Park. At this time the case is currently ongoing. MONROE Officers Glen Way, Martin Messier, Raul Pena-Lopez, and Lieutenant Josh Peters issued the captain and mate of the commercial fishing vessel "Candelaria," a total of 664 misdemeanor violations. Officer Way observed the vessel on Vessel Monitor System stationary inside the Florida Keys National Marine Sanctuary (FKNMS) North Ecological Reserve and had been disabling their VMS. Officers responded to their area and caught them fishing illegally. They each were cited for possessing, moving, harvesting, taking, damaging, disturbing, otherwise injuring any fish or attempting any of these activities inside the FKNMS Ecological Reserve. They also were cited for removing 664 yellowtail snapper from inside the FKNMS Ecological Reserve. In total, 1,330 misdemeanor counts were charged. Both subjects also were cited for fishing in the FKNMS Ecological Reserve, anchoring in the reserve, and failure to remain in continuous transit. They were charged with federal fisheries violations involving tampering with a VMS and failure to use circle hooks while harvesting Gulf reef fish. It took officers over 12 hours to escort the vessel back to port in Key West. 10

11 The Candelaria's catch weighed 781 pounds and was seized and sold ($2,588.70), with the proceeds being placed in escrow pending the disposition of this case. Both subjects were arrested and transported to jail. Officer Mike McKay responded to a boating accident in John Pennekamp State Park after learning that a large go-fast vessel grounded itself approximately 250 feet into the mangroves the night before. The operator was knocked unconscious after the collision and spent the night in his vessel only to wake up after his dog licked his face. Officer McKay issued the operator several boating citations, and the DEP will complete a biological damage assessment of the site. Officer Bobby Dube assisted the Monroe County Sheriff s Office Explorer Program at Plantation Key School with their cadet training. Officer Dube provided an extensive presentation to the cadets on the requirements of becoming an FWC Officer. 11

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