FWC DIVISION OF LAW ENFORCEMENT WEEKLY REPORT February 8-14, 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
NORTHWEST REGION ESCAMBIA COUNTY Officer Matt Cushing checked a commercial fishing vessel returning to port in Pensacola. During the inspection, Officer Cushing discovered 14 pounds of red snapper fillets. Commercial harvest of red snapper is open but the fish must remain in whole condition. Officer Cushing issued a notice to appear citation to the vessel operator for failure to land harvested red snapper in whole condition. ESCAMBIA COUNTY COPS Officer Nick Barnard spoke to approximately 40 employees at Gulf Power in Pensacola on the topic of Florida s venomous and non-venomous snakes. SANTA ROSA COUNTY FWC Officers John Clark and Joe Murphy received a complaint of possible illegal hunting off of McCranie Road within the Blackwater WMA. The complainant advised he had observed a white male in possession of a high-powered rifle exit a silver pickup truck and enter the woods off McCranie Road. Officers Clark and Murphy arrived in the area and located the suspect vehicle. Officer Clark located fresh tracks leading through the woods onto the power line. The officers continued to track the suspect and located him sitting in a camouflage hunting blind. The subject was dressed in camouflage and was in possession of a shotgun and a high-powered rifle. A check of the weapons revealed they were loaded. The officers charged the suspect with hunting deer during closed season in the WMA. OKALOOSA COUNTY COPS FWC officers assisted with the annual Eglin Youth Hunt. During the two-day hunt, 47 hunters participated, harvesting 41 deer and three hogs. In previous years, there have been numerous complaints of hunters, not involved with the youth hunt, accessing the closed area designated for the youth hunters. This year, officers initiated Operation Pest Control and greatly increased their presence in the area. As a result, there were no complaints of illegal hunters in the closed area. NORTH CENTRAL REGION DUVAL COUNTY Officer Roger Hayes was on a routine patrol on the Jacksonville-Baldwin Greenways and Trails when he observed a vehicle exceeding the posted speed limit (62 mph in a 45 mph zone) westbound through the pedestrian crosswalk at Commonwealth Avenue. Officer Hayes conducted a traffic stop, and an NCIC/FCIC check revealed that the driver 2
had an active warrant for Driving While License Suspended/Revoked out of Duval County. Officer Hayes issued the driver a Uniform Traffic Citation for speeding, arrested the driver on the warrant, and transported the driver to Duval County Jail. NORTHEAST REGION VOLUSIA COUNTY While on water patrol, Officer Duane North observed a vessel violating a slow speed manatee zone. Upon stopping the vessel it was determined the subjects onboard had been fishing. Upon checking their catch Officer North located two undersized black bass in the live well. One of the subjects onboard admitted to catching the bass and stated he was using them for bait to catch larger bass. He was issued a misdemeanor citation for possession of undersized black bass. Several boating warnings also were issued to the vessel operator. Officer Clay McDonough responded to a 911 call in reference to initiating a search for three adult females that were long overdue to return to an Oak Hill boat ramp after a day of kayaking in Mosquito Lagoon. U.S. Park Rangers from the Canaveral National Seashore (CNS) also were asked to respond. Just as it was getting dark, the CNS Park Ranger was able to locate the kayakers in the shallow backwaters and was able to shuttle them to deeper water to Officer McDonough. Officer McDonough then moved the females and all equipment back to their families at the Oak Hill boat ramp. Officer Clay McDonough was on water patrol in the New Smyrna Beach area when he stopped and inspected a commercial fisherman's catch. The adult male was issued a criminal citation and notice to appear for harvesting and possessing 36 undersized bluefish. ST. JOHNS COUNTY Officers Lee Lawshe and Mike Pedonti conducted a gear inspection of a seine net fisherman on the I.C.W. During the inspection, they discovered that the subject, who is a convicted felon, also was in possession of a firearm. He subsequently was arrested for possession of a firearm by a convicted felon and given a warning for the seine net violation. PUTNAM COUNTY Officer Troy Starling was conducting an investigation of the taking of deer during closed season. He located one suspect and conducted an interview. He found the suspect had two felony warrants and so he was booked into jail. The deer investigation is ongoing. 3
BREVARD COUNTY While conducting resource inspections at Sebastian Inlet State Park, Officer Dustin Lightsey observed a male fishing from the north jetty. Officer Lightsey's inspection revealed the man did not have a fishing license. A records check on the individual revealed he was wanted out of Texas for drug charges. He was booked into Brevard County Jail, awaiting extradition to Texas. While on patrol in Merritt Island, Officer Lightsey stopped a vehicle for traffic offenses. During the stop, he smelled a strong odor of cannabis. Officer Lightsey observed a blue pipe, sometimes used for smoking marijuana, on the floorboard. The driver admitted to have been smoking the marijuana and that he threw it in the floorboard when Lightsey approached. The driver stated that there may be more marijuana in the trunk area. Officer Jordan Fuscaldo arrived and helped perform a search. Also found in the back seat directly behind the driver was a small clear baggie with marijuana in it. Officer Lightsey issued the driver a Notice to Appear for possession of under 20 grams of marijuana and for possession of drug paraphernalia. Investigator Bryan Lee responded to a request for assistance from the Brevard County Sheriff s Office. While investigating a burglary to a private residence, deputies observed a glass aquarium containing two rattlesnakes inside the home. Investigator Lee determined the resident of the home did not have the necessary permits to possess venomous reptiles, and also found the aquarium did not meet minimum safe housing requirements for venomous snakes. Investigator Lee issued two criminal citations to the homeowner. Investigator Bryan Lee conducted an investigation regarding a baby grey squirrel for sale on the internet. Investigator Lee made contact with the seller and negotiated a deal to purchase the baby squirrel. Officer Trusley responded to the location where the sale was supposed to take place and apprehended the seller. Officer Trusley issued the seller three citations for attempting to sell wildlife without a permit, not having source documentation for the baby squirrel, and possession of a Class III animal without a permit. The squirrel was turned over to an animal rehab hospital. SOUTHWEST REGION HILLSBOROUGH COUNTY Lieutenant Grant Burton and Officer Bill Holcomb executed an arrest warrant on an individual who had fled from Officers Louis Hinds and Holcomb several days earlier. The subject was booked into Hillsborough County Jail for the use of a gill net in state waters, failure to transit directly, possession of an unmarked gill net, possession of a gill net in a prohibited area, and resisting an officer without violence. 4
LEE COUNTY Officers Art Morrow and Lee Yates responded to a request for assistance involving a family who was stranded on a disabled vessel in Matlacha Pass. The owner of the vessel advised authorities that small children were onboard, and they were not prepared for the declining temperature. There was minimal information provided regarding the vessel s location, but the officers triangulated the search pattern, located the vessel, and escorted the family safely to shore. COPS Officers Demian McColgin, Stuart Spoede, Gregory Bryson, and Joanne Adams participated in the Florida Sportsman Expo. The officers distributed fishing and hunting regulations and answered a vast array of questions from the thousands of people who attended the event. MANATEE COUNTY Officer Louis Hinds conducted a fisheries inspection on a subject who was fishing on the east side of the S.R. 64 Bridge. The individual was in possession of three sharp-nosed sharks. The subject was issued a criminal citation for being over the one-shark-per-day daily bag limit. Two sharks were released alive, and one was destroyed. Officers Louis Hinds, William Holcomb, and Will Freemon were working a net limitation detail on the Manatee River, when Officers Hinds and Holcomb, who were on a vessel, observed a large commercial net boat being maneuvered in a circular pattern without navigational lights displayed. After watching the vessel for awhile, the officers observed two subjects onboard fishing with a large net. After conducting a vessel stop, the officer observed one individual jump into the water; the other subject was apprehended and arrested. The subject in custody was charged with numerous fisheries violations pertaining to the use of an entanglement net in state waters. An arrest warrant was issued for the individual who eluded the officers, and he was arrested several days later. In addition to fisheries violations, the subject was charged with obstruction/resisting arrest without violence. The two individuals were charged with a total of six felonies and three misdemeanors. In excess of 750 yards of entanglement net was seized and over 3,000 pounds of ladyfish was sold to a local fish house. The money obtained for the fish is being held in escrow. SOUTH REGION A BROWARD COUNTY Offices Brock and Rodriguez were on patrol at night in the I.C.W. in northern Broward County. They observed a vessel being operated without any navigation lights displayed. They stopped the vessel for the violation and conducted a boating safety 5
inspection. The vessel s lights were operational but had not been turned on by the operator. During the boating inspection, the officers noticed signs that the operator was under the influence. Officer Brock conducted the Standardized Field Sobriety Tasks. Upon completion of the tasks and with other information accumulated, the operator was placed under arrest for BUI and boating safety violations. He was transported to the Broward County Breath Test Center and ultimately to Broward County Jail. Officer Coffin was on patrol in western Sunrise near a park. He observed a yellow Labrador Retriever running around loose in the area, darting in and out of traffic. This was not only causing a dangerous situation for the dog but for motorists as well, as they would swerve or brake hard to avoid the dog. Officer Coffin was able to make contact with the animal, coax it into his patrol vehicle, and transport it to the Animal Care and Control Center. Most would have stopped their involvement at this point. Officer Coffin remained at the Animal Care facility while control officers scanned the animal and found a micro chip. A computer check of the owner came back to an individual whose number was not reachable and no longer lived in Florida. Officer Coffin, through further investigation, was able to locate the owner and successfully reunite the friendly dog with its owner. Man and his best friend had a wonderful ending in this situation. Officer Lex Corteguera was dispatched to a Bank of America in Plantation regarding a report of an owl stuck in the grill of an SUV. Upon arrival he identified the owl as a Great Horned Owl. It had been struck the night prior at approximately 8:00 pm. in the area of Yeehaw Junction on Hwy 60. The driver became aware of the owl the following day after a passerby informed her she had an owl stuck in her grill. Officer Corteguera removed the vehicles grill with the permission of the owner and retrieved the owl. He transported the owl to the Wildlife Care Center in Ft. Lauderdale where veterinarians stated the owl seemed to be in good health, surviving the incident. Officer Coffin was on patrol underneath the 17th St. Causeway Bridge in Ft. Lauderdale, checking fishermen. A computer check of an individual fishing came back with an active Broward County warrant. Officer Coffin placed the individual under arrest and transported him to the Broward County Jail without incident. GLADES COUNTY Officers Andy Taylor and Justin Miller were on patrol in Glades County. The officers observed three subjects trespassing on Lykes Brother s Property. The subjects were approximately one-half mile from their vehicle fishing in a pond. The officers observed them catch and release several bass. The officers made contact with the subjects, who told them they had caught nearly 100 bass. Despite their good fortune while fishing, the subjects were issued appropriate citations for trespassing on private property. Lieutenant Brown and Officer Alford received a call about a disabled vessel in Fisheating Bay. The FWC Officers located the vessel and brought two subjects successfully back to shore. Lieutenant Brown and Officer Alford were on the water when they encountered a 6
disabled boat in Fisheating Bay at approximately 11:00 p.m. There were three elderly men on the vessel, and the weather was getting worse by the minute. The FWC Officers decided to tow the vessel due to the navigation hazard it presented and the close proximity to Harney Pond canal. Once at the boat ramp, the officers helped secure the vessel on the subjects trailer. HENDRY Officer Mike Lilley was working a trespass violation in Hendry County when he came upon three subjects on private property smoking what appeared to be illegal narcotics. Officer Lilley contacted Hendry County Deputy Ryan Maldonado for assistance. Upon attempting to make the arrest, the officers overheard one of the subjects make a deal for "powder" to be delivered to the front gate. The officers decided to return to the front gate to await the arrival of the delivery. After a few minutes, the officers observed a vehicle traveling toward their location without its headlights activated. Upon stopping the vehicle, the officers observed the front passenger attempting to conceal something around his seat. The subjects were ordered to exit the vehicle, where the officers recovered five grams of pre-packaged powder cocaine and one unlabeled prescription bottle containing multiple types of pain medication. At that time the officers re-entered the property where they made contact with two additional subjects in the woods and recovered three crack pipes, 41 grams of marijuana, and four rocks of suspected crack cocaine. There were four subjects arrested and charged in conjunction with this case. There were a total of five felonies and one misdemeanor in this case. MARTIN COUNTY Officer Doricchi, while on patrol offshore, came across a commercial fishing boat. The occupant was spearfishing cobia approximately one-half mile north of the St. Lucie Inlet. Officer Doricchi stopped the vessel for a commercial fisheries inspection. During the inspection, he found one undersized cobia onboard the vessel. The subject in the water admitted to shooting the undersized cobia. He was cited one misdemeanor citation for possession of undersized cobia. OKEECHOBEE COUNTY Investigator Scott Van Buren and Lieutenant Chris Harris received a call from dispatch in reference to a vessel in distress on Lake Okeechobee. The vessel in distress was sinking and had one person onboard. At that time, wind speeds out of the north were causing one to two foot waves in the area, and the water temperature was estimated to be at 51 degrees. Officer VanBuren and Lieutenant Harris responded by vessel to the area of Lake Okeechobee known as King s Bar. Upon arrival a vessel was observed with three persons onboard waving for assistance. The victim from the reported sinking vessel was onboard, wearing a life jacket and appeared wet. The victim s overturned vessel was observed a short distance away. Officer VanBuren and Lieutenant Harris transferred the victim to his vessel and gave him dry outer wear. The victim was transported to Scott Driver boat ramp and refused medical attention. The victim stated 7
his vessel took water over the gunnels and his bilge pump could not keep up with all the water. Subsequently the vessel sank and rolled over. Wearing his personal flotation device, he hung on to his submerged vessel until a good Samaritan arrived and pulled him aboard. Later that day, Officer Mike Davis made contact with the victim and initiated a boating accident investigation. The victim had already recovered his vessel. ST. LUCIE COUNTY Officer Randy Irwin conducted offshore state and federal fisheries enforcement patrol while operating from the Brunswick 12 meter patrol boat. The vessel is fully operational and will routinely patrol areas not readily accessible by smaller patrol boats which are restricted by distance and weather conditions. Officer Irwin had a two- to three- officer crew over several days and a span of two weeks, to include Officers Payne, Sapp, Doricchi, Bulger, Turner, Wiernicki, and Fillip. During these patrols numerous vessel contacts were made to very surprised vessel captains who did not expect to be checked 20+ miles offshore in adverse sea conditions. During these stops several resource violations were observed, including red snapper out of season, filleted mackerel, and undersized sheepshead. Several state boating safety violations were also addressed. SOUTH REGION B COLLIER Lieutenants David Barrett and Mark Mahoney gave a presentation to the Marco Island Sportfishing Club. They discussed state and federal fisheries rules and regulations, fish measurement practices, and carrying firearms on boats. They fielded questions from a group of approximately 200 well-educated and experienced anglers. Officer Gregg Stastny spoke before 200 residents of the Enchanting Shores Retirement Village regarding the Florida black bear. Officer Stastny discussed black bear habitat, behavior, and best practices for living with bears. MIAMI-DADE Officer George Reynaud was on water patrol in the area of Nixon Beach in Biscayne Bay conducting several boating safety inspections, when he was flagged down by a male subject onboard a blue 37' cigarette boat that was occupied by two males and two females. As Officer Reynaud approached the vessel, he noticed a female passenger that was very upset and yelling at one of the males onboard the vessel. Once Officer Reynaud was secured alongside the boat and was able to conduct an investigation, he noticed there had been a domestic dispute, and the female had been the aggressor causing scratches to her boyfriend and ripping off his shirt. She also attempted to throw a glass bottle at the victim. Officer Reynaud also observed some blood on the vessel. The female appeared to be intoxicated and claimed she also takes Xanax. Upon 8
concluding the investigation, the female was placed under arrest for battery. Officers Luis Delgado and Alex Dinu took part in a multi-agency effort, trying to locate the body of a homicide victim from Broward County. The FWC Officers assisted Miramar Police Department homicide detectives, the Broward Sheriff's Office, and the Miami-Dade Police Department with their grid search using an FWC airboat in the area just south of US 41 near the L-67 levee. The search lasted over four hours with negative results. Officers Marc Ingellis and Willie Almagro responded to a suspicious vessel in the area of Brickell Point and the I.C.W. A witness advised seeing three subjects loading fivegallon containers of gasoline and bags of cement onboard an older model vessel in poor condition with a single engine. Upon arrival, an area search was completed and the vessel was found tied up to a barge, north of the Rickenbaker Causeway. One of the subjects on the barge advised they were working on the barge and using the suspect vessel to run supplies back and forth from the mainland. A check of the vessel registration and Yamaha engine revealed the registration was expired and the engine was stolen out of Monroe County. Lieutenant Alberto Maza responded to the scene along with Officers Sedar Mert and Nathaniel Martir-Negron to assist with the seizure of the vessel and engine. The investigation is ongoing with charges pending. MONROE Over the past month, the crew of the Peter Gladding has been preparing for its Annual NOAA inspection. The vessel is owned by the Florida Keys National Marine Sanctuary but operated under a Joint Enforcement Agreement between NOAA and FWC. The inspection took place in early February and for the first time in seven years the Peter Gladding passed its NOAA annual inspection without any deficiencies. Without the hard work, dedication, and drive of the crew to go beyond what is asked of them, this would not have been possible. The NOAA inspector stated that he could wear white coveralls when inside the two engine compartments and still would come out clean. When performing the required man-overboard, fire, abandon ship, and emergency distress call drills, the inspector stated he would have to come up with some new material for next year to try and throw the crew off. Lieutenant Antonio Kilpatrick also was in attendance to witness firsthand how the inspection takes place and what deficiencies the inspector is trying to find. With a clean bill of health from the NOAA inspector, the Peter Gladding vessel readies for another trip out to the Dry Tortugas. 9