Man pleads not guilty to beating shark on Brevard County beach
BREVARD COUNTY, Fla. - A man facing misdemeanor charges for allegedly beating a protected shark with a hammer at a Florida beach last year pleaded not guilty to the charges, and rejected a proposed plea agreement from state prosecutors.
Brian Waddill, 33, of Melbourne appeared in court Thursday where he pleaded not guilty to two second-degree misdemeanor violations related to the possession of a prohibited species and a violation regarding the harvest, landing, or sale of a shark.
Waddill is accused of shore fishing on Dec. 20, 2022 at Bicentennial Beach Park in Indian Harbor Beach where he caught a shark – believed to be a protected lemon shark – and then repeatedly hit the shark with a hammer, including ripping its gills with the hammer, according to witnesses and the arrest report.
On Thursday, the state offered Waddill a plea deal of 60 days in jail – the maximum sentence, according to the judge – and to cover the state's court costs. Waddill, who was representing himself and said he was homeless, told the judge that he was expecting to pay a $500 fine. He said he could not accept the state's offer because he "can’t lose my job."
Man facing charges after allegedly hitting shark with hammer
A Florida man is facing two misdemeanor charges after authorities allege he attacked a lemon shark with a hammer. The lemon shark is classified as a vulnerable species and it is illegal to fish for lemon sharks in Florida waters. The shark was never found so there was no way to determine if it lived or died.
The judge set a future court date for June 22, 2023
Shark fishing is legal in Florida, however, lemon sharks are protected. An expert told law enforcement that based on video and photographs the shark appeared to be a lemon shark, but that the shark's body was never found as the tide apparently took it out to sea, according to the FWC's investigative report.
Lemon sharks are among 28 protected sharks in the state of Florida, according to the FWC's website.
There are also rules depending on where you're fishing, such as on a boat, from the beach, a bridge, pier, or jetty.
When fishing from the shore – also known as shore fishing – the FWC requires anyone 16 and older, including those 65 and older, to pass an online course and to obtain a permit.