FWC Law Enforcement Weekly Report 12/13 - 12/19/2013

 

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FWC

Division of Law Enforcement

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Weekly Report

December 13-19, 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

 

NORTHWEST REGION

 

OKALOOSA COUNTY

 

Officer Rockwell received a complaint of individuals rallying ducks.  The next morning, he located several duck hunters near the area of the complaint.  While watching the hunters for a couple of hours, he observed one hunter continuously rally ducks with his boat and herd them towards another group of three hunters.  After documenting the violation, he made contact with the hunters and issued the one man a notice to appear for a violation of the Migratory Bird Conservation Act.

 

Officer Kirchinger received information from Officer Rockwell, who was off duty, that he had observed three ATVs on Blackwater Wildlife Management Area (WMA). Officer Kirchinger located the ATV riders and cited them for operating an ATV on a WMA.

 

Bay County

 

Officer Hellett received a complaint of a doe deer that had been shot and was laying in the complainant’s back yard. He made contact with the complainant and retrieved the doe deer. There was a gunshot wound in the neck of the deer. Officer Hellett’s investigation revealed that a neighbor of the complainant was the one who shot the deer. Officer Hellett made contact with the neighbor a couple of days later and he confessed to shooting the deer and provided a written statement. Charges of taking a doe deer by illegal method will be direct filed with the State Attorney’s Office.

 

Jackson County

 

K-9 Officer Guy responded to a boating accident where a duck hunter capsized his small vessel and was believed to be trapped underneath in the air pocket created by the shape of the vessel. The air temperature was 37 degrees and the subject had been in the water for approximately one hour. Numerous other agency officials were already on scene but could not access the victim without a vessel.  Officer Guy launched his vessel and recovered the hunter, who was suffering from hypothermia. The victim was turned over to waiting EMS personnel and transported to the local hospital where he was treated for moderate to severe hypothermia.

 

Officer Kinney received information from Officer Jackson that a subject was cleaning a doe deer at his house. Officer Kinney responded and encountered an individual cleaning a doe deer.  The subject was cited for taking a doe deer during closed season.  The deer was seized as evidence.

 

Washington County

 

Officer Kinney and Lieutenant Walsingham were on patrol when they heard gunshots from what appeared to be an after‑hours duck hunt.  They located the area and encountered three individuals.  The subjects were found to be in violation and were cited for taking ducks after legal shooting hours.  Two of the individuals were cited for willful and wanton waste of wildlife after several birds were found left on the pond and one was cited for taking over the daily bag limit of wood ducks.  Ten wood ducks were seized as evidence.

 

Officer Kinney and Lieutenant Walsingham located five individuals participating in an early morning duck hunt.  Their investigation determined the pond was baited.  Citations for taking migratory birds over bait and numerous license violations were issued to the subjects.

 

FRANKLIN COUNTY

Officer’s Anderson and Gore set up surveillance on two subjects duck hunting in Apalachicola Bay.  When the hunters quit hunting, the Officers conducted a resource stop to check for bag limit compliance with the ducks that had been shot.  When identifying themselves to the hunters, the operator of the boat put the boat in reverse and started backing away from the Officers.  When doing this, both Officers observed the hunters throwing ducks overboard.  Once getting the vessel stopped, they found the hunters to be in possession of over the bag limit of ducks.  The hunters were cited for the bag limit violation and inference with a FWC Officer.

LEON COUNTY

Officer’s Anderson and Louque were working complaints on Lake Iamonia in regards to individuals shooting ducks on the lake after legal shooting hours.  The officers were able to identify an individual shooting after hours and committing numerous other violations.  The subject was cited for shooting after legal shooting hours and given warnings for license violations. 

COPS (Community Oriented Policing)

 

Officers Kirchinger and Molnar spoke to approximately 200 students at Crestview High School about the various duties of an FWC officer. Hunting and boating safety literature was provided to the students.

 

 

North Central Region

 

COLUMBIA COUNTY

 

Lieutenant Kiss, along with Officers McDonald, Nichols and McGrath were called out in the early morning hours on Monday in reference to a medical emergency. The location was Big Shoals State Park primitive camping area which is along the Suwannee River in Columbia County. The medical emergency consisted of a 46-year-old woman complaining of shortness of breath and chest pains. The officers, Lifeguard EMS paramedics and Stephen Foster State Park staff responded. The officers used their four-wheel-drive patrol trucks to get to the woman and evacuate her from the camp site to the awaiting EMS ambulance. The woman was transported to Shands Lakeshore Hospital for treatment.

   

DUVAL COUNTY

 

Officer Holleman received information from a citizen in reference to subjects fishing from the shore in a small, remote creek off the Intra Coastal Waterway. The citizen informed Officer Holleman that the subjects were possibly keeping over the bag limit of fish. Officer Holleman responded to the complaint by water while Officers Tucker and Middleton responded by land. They were able to locate the three people fishing and a cooler containing nine red drum. One of the individuals admitted to catching six of the red drum. Officer Holleman had previously arrested two of the individuals at the same location for similar violations in 2008. Officer Holleman issued the individual a notice to appear for a major marine violation and for red drum over the legal bag limit.

 

LAFAYETTE COUNTY

 

On Friday, Officer Humphries was working in the Steinhatchee Springs WMA when he encountered a subject. During the inspection, Officer Humphries discovered that the subject had been hog hunting. He stated that he had just shot at some hogs, but missed. Officer Humphries informed the subject that the WMA was currently closed to hunting. Officer Humphries issued the subject a citation for hunting in a closed WMA.

 

 

nORTHEAST REGION

 

BREVARD COUNTY

 

Officer Horst and Investigator Morgan were dispatched to a call of an illegally taken deer in TM Goodwin Small Game Management Area.  Officer Horst responded and questioned the subject who took the deer about his knowledge of the area.  The subject admitted to passing several signs before entering the area, but stated he did not read the signs.  The subject admitted to shooting the deer, which was a 4-point antlered deer.  Officer Horst issued a criminal notice to appear for violation of small game management area rules and several warnings for related violations.

 

Officers Humphrey and Mynard were on land patrol in the area of Banana River along the SR 528 Causeway, working information they had received of people catching over the bag limit of mullet from the causeway.  During their patrol, they encountered one Hispanic male and one Asian male cast netting mullet under the SR 528 Bridge.  A resource inspection of the Asian male’s white cooler revealed it to be full of mullet to the top of the cooler.  The man was in possession of 74 mullet, placing him 24 mullet over the recreational bag limit.  Officer Mynard issued the man a citation for over the bag limit of mullet.  The mullet were then photographed and the additional 24 mullet over the limit were returned to the food chain.

 

Officer Rutherford was dispatched to the St. Sebastian River Preserve State Park in reference to a female subject who had driven her vehicle into the C-54 canal. There were reports that it may have been an intentional act and suicide attempt. Before Officer Rutherford could arrive, Brevard County Fire Rescue (BCFR) and Brevard County Sheriff’s (BCSO) deputies arrived on scene. The female was treated and transported to the hospital by BCFR and placed under Baker Act by BCSO. Officer Rutherford assisted the BCSO dive team by airboat to recover the vehicle while Officers Sidor, Ash and Lieutenant Urban assisted by land. Upon finishing there, Officer Ash and Lieutenant Urban were dispatched to another rollover vehicle crash on the south side of the St. Sebastian River Preserve State Park. Officer Ash and Lieutenant Urban arrived and located the driver unhurt and the vehicle on its side against a tree. The Officers were able to determine the driver was driving carelessly causing him to leave the roadway, strike a ditch and overturn. Officer Ash completed the traffic crash investigation and issued the subject a citation for careless driving.

 

INDIAN RIVER COUNTY

 

While on ATV patrol of Sebastian Inlet State Park, Officer Rasey encountered a fisherman near the T-dock.  While speaking to the subject, Officer Rasey noticed several flounder in an open bucket.  Five of the flounder were undersized.  When asked if he measured his fish, the suspect advised that he measured them on the FWC snook carcass donation cooler nearby.  Officer Rasey measured the fish again, this time using the Snook carcass cooler, and came up with the same measurements.  When confronted about the measurements, the subject advised that he had visually estimated some of the fish.  Officer Rasey issued the subject a criminal notice to appear for possession of undersized flounder. The subject was on federal probation and Officer Rasey notified his probation officer.

 

OSCEOLA COUNTY

 

Officer Trusley was on patrol when he received a call that a hunter had shot a short-horned buck in the Bull Creek WMA. Officer Trusley responded to the check station of the WMA where he met the hunter. After interviewing the hunter and inspecting the deer, Officer Trusley issued the man a notice to appear for the taking of an illegal deer.

 

Officer Mendez was on patrol when he was dispatched to a possible dumping at Bull Creek WMA and US-192.  Officer Mendez found the reported vehicle parked off 192 at Bull Creek WMA.  He waited for the owner and issued him a notice to appear for entering/exiting a WMA at an undesignated area.

 

 

southwest region

 

HIGHLANDS COUNTY

 

Officers Adams and Zimmerman were on water patrol in Arbuckle Creek when they observed subjects camping on adjacent private property. A check with the landowner revealed the two men did not have permission to be on the property and the landowner wanted the men charged with trespassing. Two trespassing charges were filed with the Highlands County State Attorney’s Office on the subjects.

 

LEE COUNTY

 

Officers Salem and Perry were watching a popular fishing pier on the Caloosahatchee River. After observing several individuals fishing from a distance, Officers Salem and Perry watched a man throw a cast net. The second time the man threw the net he began to yell and slowly pulled the net onto the pier. Inside the net was a 39-inch snook. The individual used the tether line from his cast net as a stringer for the fish and proceeded to the parking lot and got into his vehicle. The Officers stopped the man and issued a citation for possessing snook out of season, possessing an oversized snook and illegal method of catching Snook. The snook was released unharmed.

 

Officers Salem and Perry were on patrol in Pine Island Sound. After several resource inspections of commercial vessels, the officers came across a vessel with 700 pounds of mullet in an ice box as well as 700 pounds of mullet in the well of the boat. The fish were not contained in any way and were not on any ice. Officer Salem issued a citation for quality control and seized the 700 pounds of mullet that were not properly stored.

 

Officers Salem and Perry received a call from dispatch stating that a man was seen on the Matlacha Bridge catching and taking photos of a large snook before placing the fish in his vehicle. Upon arriving at the scene, the two officers found the vehicle with the snook wrapped in a clear, plastic bag and then identified the individual. Officer Salem wrote a citation for possessing an oversized snook and possessing a snook out of season. The 36-inch snook was seized as evidence.

 

COPS (Community Oriented Policing)

 

Lieutenant Allen participated with the Okeechobee Fraternal Order of Police (FOP) in the “Shop with a Cop” event. The event consisted of a police officer accompanying an underprivileged child on a shopping spree at Wal-Mart to spend money generated from several FOP events and donors throughout the year. Each child was given one hundred dollars to spend. There were 18 police officers who assisted 56 children at the Okeechobee Wal-Mart.

 

Lieutenant Creech, Officers Adams and Morrow participated in the fifth annual “Wreaths Across America.” The event was in remembrance of all those who have served our country for our freedom.  The event included ceremonies from air, land and offshore, where the wreaths were placed in the Gulf of Mexico in remembrance and respect for all those who served and all that lost their lives.

 

 

SOUTH REGION A

 

BROWARD COUNTY

 

Investigator Serphos worked a late night shift with Officers Coffin, Sullivan and Wright in the area of Holeyland, Rottenberger and Everglades WMA’s. During their patrol they arrested one individual for driving under the influence. The driver was slumped at the wheel of his vehicle when the initial Officer made contact.  Numerous individuals were contacted in these areas and violations included underage drinking, illegal bonfires and littering.

 

Officers Coffin, Corteguera and Lawson responded to the 15th Street Boat Ramp in Ft. Lauderdale at the request of the US Coast Guard (USCG). The USCG had a vessel stopped at the boat ramp and required information from FWC.  With information gathered, Officer Coffin arrested one individual for possession of marijuana and felony violation of probation. The individual was transported to Broward General Hospital pursuant to protocol and from there was brought to the Broward County Jail by the Officers.

 

Investigator Serphos and Officer Carman were working in John U. Lloyd State Park when they conducted a traffic stop on a vehicle entering the park.  After approaching the vehicle, they observed an open container of beer in the vehicle and could smell an alcoholic beverage on the driver’s breath.  Officers Ariza and Coffin arrived for backup.  Investigator Serphos began to conduct field sobriety exercises when the driver told him “I don’t want to freak you out but I have someone in the trunk.”  The driver was immediately placed in handcuffs and the trunk was opened.  A subject was hiding in the trunk of the car trying to sneak back into the park.  The subject in the trunk was supposed to be completing court-ordered community service hours in the park, but he snuck out in the trunk of the car and went to get drunk.  The driver was trying to sneak him back into the park to sign out for his service hours.  The driver of the car was a habitual traffic offender and had an active warrant out of Broward County.  The guy in the trunk, who was the owner of the car, was cited for allowing someone to drive his vehicle without a valid license.  Both subjects were transported and booked into the Broward County Jail.

 

HENDRY COUNTY

 

Officer Mclendon and Officer Lilley were working STA 5 checking in duck hunters for the afternoon hunt.  The last vehicle to pass through pulled up to the gate to check in where the subjects were asked for the quota permit and the ID of the subject who held the quota.  The subjects advised that they did not have the permit on them so Officer Mclendon asked the subject for his name and birth date. The subject advised the Officers that he did not know his birth date.  At that time, Officer Lilley immediately detected the distinct odor of burnt marijuana coming from inside of the vehicle along with the obvious signs of extreme nervousness from all three subjects.  A short investigation found the subjects to be in possession of a small bag of marijuana as well as attempting to enter the STA on another person’s quota permit.  The proper paperwork was issued and the subjects’ parents were contacted.

 

Officers Mclendon and Lilley were on patrol when they observed a vehicle being operated on a rural county road with an inoperable tag light.  Officer Mclendon stopped the vehicle and retrieved the driver and passenger’s information and relayed it to the communication center.  The driver came back clear for any wants and warrants but the passenger came back with three active in-county warrants, the most serious having a bond amount of $4,000.00.  The subject was arrested and transported to the Hendry County Jail.

 

PALM BEACH COUNTY

 

Lieutenant Laubenberger and Officer Brock assisted the Boca Raton Police Department with patrol efforts during the City of Boca Raton’s Annual Christmas Boat Parade.

 

ST. LUCIE COUNTY

 

Officers Pifer and Doricchi were on vessel patrol during the annual Fort Pierce Boat Parade. Due to inclement weather and strong winds, approximately seven vessels participated in the parade. This also reduced the number of recreational vessels that were out viewing the parade. Officers Pifer and Doricchi were, however, able to conduct several vessel inspections and checks for required safety equipment. Several vessels were out during the night operating without navigational lights and citations were issued for the violations.

 

Officer Pifer was conducting boating safety and fisheries inspections at a local boat ramp when he observed a vessel returning with an improper anchor light. Officer Pifer made contact with the vessel operator and began an inspection. During the inspection, several small plastic bags and a piece of a plastic drinking straw were observed in the water next to the vessel. The bags were retrieved from the water and inside one of the bags was a small blue pill. A consensual search of one individual’s wallet revealed another bag and pill. The pills were found to be MST Continus and the individual did not have any proof of prescription for the controlled substance. The individual was arrested and booked into the St. Lucie County Jail for possession of a controlled substance and tampering with evidence.

 

Officer Pifer was conducting fisheries inspections at a local fishing spot during the first closed day of snook season, when he observed an individual leaving with snook. Officer Pifer made contact with the individual to conduct a fisheries inspection and address the violation. The snook was not only harvested out of season but was also undersized. The individual received a citation for possession of snook out of season and possession of undersized snook.

 

Officers Willems and Payne observed an individual cast netting from the Taylor Creek railroad bridge. When they approached the individual, he quickly got off the bridge which has three, no trespassing signs posted on either side. The individual was questioned, and was found to have been stopped and warned about trespassing at a different location the week before by Officers Willems and Payne. The individual was issued a citation for trespassing.

 

COPS (Community Oriented Policing)

 

Officers Payne and Willems were present at a Cub Scout fishing clinic held at Pepper Park in Fort Pierce. The two officers met with the Cubs and adult leaders and discussed fishing regulations and the importance of conservation efforts. About 100 children and their families were in attendance. The Cub Scouts were then able to fish and practice conservation through catch and release fishing.

 

 

SOUTH REGION B

 

COLLIER

 

Investigator Haney, Officers Futch, Thurkettle and Polly, along with the Collier County Sheriff’s Office (CCSO) and National Park Service, preformed a night-hunting detail in Big Cypress National Preserve.  They issued one citation and two warnings.  Also during the detail, the Officers assisted CCSO with a suicidal subject.

 

Officers Futch and Thurkettle received information regarding an airboat captain who was feeding alligators while giving airboat tours.  Officer Thurkettle was able to view video footage of the captain feeding the alligators.  The Officers located the captain and, during the interview, the captain admitted to feeding the alligators. Charges are pending.

 

While conducting Panther Zone enforcement adjacent to Big Cypress National Preserve, Officers Gerdeman and Van Trees stopped a vehicle for going 70 mph in a 45-mph zone.  The driver showed numerous signs of impairment and, after field sobriety tasks were conducted, he was arrested for Driving Under the Influence (DUI). The operator refused to give a breath alcohol sample for testing and was charged with DUI refusal as well.

 

Investigator Haney, Officers Tidwell and White were on water patrol in Naples Bay for the Annual Christmas Boat Parade when they observed a vessel that was anchored with no lights on.  During the boating safety inspection, the operator showed signs of impairment.  After seated field sobriety tasks were conducted, the operator was arrested for Boating Under the Influence; he refused to submit to a breath alcohol test.

 

MIAMI-DADE

 

Officers Almagro and Pestka were dispatched to a call where a man was attempting to exchange a live, 4-foot alligator for a 12-pack of beer. Upon arriving on the scene, the Officers saw an alligator crudely tied up in a box and a Hispanic male being detained by the City of Miami Police Officers. A subsequent investigation revealed that the subject captured the alligator in a nearby park and brought it to a convenience store with the thought of bartering the alligator for beer. The storeowner called the police after refusing to accept the subject’s proposal. The subject was charged with three misdemeanors for taking, possessing and attempting to sell an alligator.

 

Officers Yanez and Rodriguez were the arresting Officers who just finished testifying in a jury trial against a defendant charged with possession of over-the-limit snappers. The defendant is a habitual violator that has twenty-two resource arrests dating back to 1991. In this latest case, the officers caught the defendant with eight snappers over the limit and because of his extensive criminal past, elected to take him to jail.  At arraignment, the defendant demanded a jury trial.  The resultant trial took four hours while the deliberation took one and one-half hours before the jury returned with a guilty verdict.  The defendant was convicted and sentenced to twenty days in jail, six months probation, fifty hours of community service, $458 court costs, and a six-month “stay away” order from Florida waters.  Jury trials for resource violations are an uncommon occurrence in Miami-Dade County as most defendants usually accept some type of plea offer in advance of any trial.

 

Officers Martin and Yanez  received a call to assist the USCG with a possible BUI.  When the officers arrived to Dinner Key Marina Boat Ramp, USCG personnel advised the officers that they had originally stopped the subject for operating a vessel with no navigation lights.  Officer Yanez spoke to the subject and observed bloodshot eyes along with a strong odor of alcohol.  Field testing was administered and the subject was arrested for BUI based upon the test results.  Officer Martin then searched the subject and discovered a small plastic baggie with two suspected cocaine rocks.  The subject was transported and given a breath test which he failed.  The breath test results, which measured .154 and .157, documented that the subject was over nearly twice the legal limit of .08.  The subject was subsequently transported to jail for BUI and possession of a controlled substance.

 

MONROE COUNTY

 

While patrolling the waters of the Upper Keys, Officer Rafter was approached by a man on a personal watercraft that worked at a nearby personal water craft rental business. The man advised Officer Rafter that one of the personal watercrafts that he owns and rents was overdue.  The rental PWC was rented by two females and was over one hour late returning to dock at the Whale Harbor Channel. Officer Rafter informed FWC dispatch and other FWC officers of the overdue watercraft. Officer LaRosa and Investigator Daniels also began searching both the Atlantic Ocean and the Gulf of Mexico waters. The officers located the watercraft deep in Everglades National Park just as sunset approached with nobody on board and the lanyard missing.  The Officers focused their search to the surrounding waters and adjacent islands where both occupants were later found floating in the water over half a mile from where the watercraft was first located. After recovering both occupants, the Officers helped them on board the FWC vessel and brought them ashore.  Both occupants were cold and a shaken up after the ordeal, but were unhurt.

 

Officer Munkelt was on land patrol when she saw a lone vehicle parked alongside the States Greenway and Trails System near Duck Key. Officer Munkelt soon made contact with the owner of the vehicle who spontaneously admitted that he was lobstering and spear fishing along the shoreline. A fisheries inspection revealed that the subject was in possession of a goliath grouper that he had speared moments earlier. The subject was ultimately charged with possession of a prohibited species.

 

COPS (Community Oriented Policing)

 

Officer Dube assisted members from the USCG Auxiliary, Station Islamorada, with teaching the Boat Smart Boating Course to dozens of eager students.  Officer Dube is one of many instructors that partner up with the USCG to teach the different aspects of the Boat Smart Boating Course.  Officer Dube mostly teaches boating safety, boating law and boating accidents.  This course is offered numerous times throughout the year at different venues in the Keys.

 

Officer McKay gave a presentation about the role the FWC plays with regards to protecting Florida’s natural resources to the law enforcement cadets at the Florida Keys College Basic Law Enforcement Academy. After the presentation and question-and-answer session, some of the recruits demonstrated an interest in pursuing a career with the FWC.