JACKSONVILLE, Florida (29 Aug 2008) — Two law enforcement agencies said this week they will not seek prosecution in a reported "boat rage" incident in which a boat captain in the AT&T Greater Jacksonville Kingfish Tournament said his vessel was damaged when he was nearly rammed by a boat carrying scuba divers about 50 miles east of Mayport. "According to my folks, the investigation has been completed. No charges are being filed," said Florida Fish and Wildlife ConservationCommission spokeswoman Karen Parker. The episode occurred about 11:30 a.m. July 26 while Robert Pelletier was in his 28-foot vessel, the WhipperSnapper, at the Elton Bottom reef about 15 miles west of the continental shelf. Pelletier said he was trolling for fish in the tournament when a dive boat encroached on his fishing area. A heated verbal exchange followed. Pelletier, of Jacksonville, told FWC investigators that the 46-foot dive boat captained by Dan Lindley motored toward the WhipperSnapper in an attempt to ram it, missing the boat but damaging its outrigger gear. But Jay Taylor, director of the Special Prosecution Unit for the State Attorney's Office in Jacksonville, said discussions with FWC investigators provided little evidence that would support criminal charges. "There was insufficient evidence to prove it was an intentional act," Taylor said Tuesday. "Without anything more than that, it was a dead end. ... It falls into the arena of an accident." Lindley said the decision to not file charges vindicates his contention that he never tried to ram Pelletier's vessel. "Good," Lindley said of the decision not to prosecute. "He [Pelletier] hit me. I didn't hit him. He caused the accident. I didn't cause the accident." Pelletier, a former Jacksonville Beach narcotics detective and 2006 graduate of the Florida Coastal School of Law, said while no criminal charges are being filed, the case "is not over." Pelletier acknowledged it is sometimes difficult to match evidence to support a claim such as the incident at sea with Lindley. But he said he'll pursue a civil court case against Lindley. "The threshold for the civil side is much lower," Pelletier said. "Obviously I'm disappointed in the results. Obviously, law enforcement has a difficult challenge. "I still stand behind my accusation," Pelletier said. He said Lindley's claim that Pelletier caused the near-collision "is absolutely false." | | Convicted poacher Captain Dan Lindley of Offshore Dive Charters is off the hook for criminal prosecution but the boat owner who accused him of ramming his vessel has vowed to file a civil suit against Lindley. Pelletier said he'll submit a bill for about $5,000 to Offshore Dive Charters, owned by Lindley, whose boat, the Diamond Diver, is moored at the Sandollar Marina off Heckscher Drive on Fort George Island. That's the estimate of damage to the WhipperSnapper and loss of money paid to the kingfish tournament. Pelletier said he expects Lindley to ignore the request for payment, after which he would file a lawsuit. Lindley, of Jacksonville Beach, was penalized twice in the 1990s by the National Oceanic and Atmospheric Administration Fisheries Service for civil violations of federal fishing regulations. In 1997, the agency fined him $68,000 for poaching spiny lobsters out of season, stripping female lobsters of eggs and exceeding the catch limit for cobia. His commercial fishing license was suspended for 465 days. Lindley agreed to a settlement that allowed him to pay a lump sum of $35,000 in that case and he was placed under a five-year probation. Lindley faced more penalties in 1999. His commercial fishing permit was revoked for the rest of his life and he was fined $10,000, an NOAA press release stated. Agency investigators ruled Lindley again committed civil violations of federal fishing regulations by catching lobster out of season and stripping lobster eggs after the Coast Guard boarded his 36-foot vessel, also named Diamond Diver, which federal officials seized and are using to train agents at NOAA. |
