Videos detail evidence in shark dragging case, documents show

After a viral video showed a shark being dragged behind a speeding boat this summer, sparking outrage, investigators spoke with shark experts and scoured through video footage from the day of the incident. That footage led to three men facing criminal charges.

Robert Lee “Bo” Benac, 28, Michael Wenzel, 21, and Spencer Heintz, 23, were each charged with two counts of aggravated animal cruelty, a third-degree felony, announced by the Florida Fish and Wildlife Conservation Commission and reported Tuesday by the Bradenton Herald. Benac and Wenzel also face one count of illegal method of take of a shark, a second-degree misdemeanor.

Michael Wenzel is a commercial fisherman who holds a valid commercial saltwater fishing license with a restricted species endorsement. Bo Benac has a valid recreational saltwater fishing license and Heintz has a valid lifetime recreational fishing license, according to the affidavit from FWC. Wenzel’s father is Robert Wenzel, the Manatee County planning section manager. Benac’s mother is Manatee County Commissioner Betsy Benac.

Mark “The Shark” Quartiano, who posted the shark dragging video this summer to express shock over the way the shark was treated, said Wednesday he is glad the men are being prosecuted.

“I hope it sends a message to anyone else who has any idea of doing something like that to a shark, or any fish for that matter,” Quartiano said. “FWC did a good job and I’m glad they got these guys. It’s been a long time.”

The affidavits detailing the evidence against the three men detailed the events of June 26, told through videos recorded throughout their time on the boat. Many of the videos were from Snapchat, a social media application, and were time- and date-stamped.

The evidence

All three men, along with a fourth who is not named as a co-defendant in the case, left that day from Wenzel’s waterfront home in Palmetto that Monday and went to waters near Egmont Key, according to the affidavit. The fourth individual, who was also seen in the video, provided information and cooperated with investigators. He is not being charged in this case, FWC officials said in a statement.

Around 3 p.m., a blacknose shark was unlawfully taken with a spear gun in state waters in Hillsborough County, according to the affidavit.

Heintz took a photo of Wenzel holding the shark with the spear completely through its body, the affidavit stated. A video taken shortly after shows the men dancing on the boat, with Benac still holding the spear gun.

Less than two hours later, the men caught the black tip shark that was dragged, according to authorities.

Around 5 p.m., Benac caught a roughly 6-foot-long blacktip shark on hook and line. A few minutes later, a video showed him retrieving the shark, pulling it toward the boat. When it got within a few feet, Wenzel shot the shark with a .38-caliber revolver, according to the affidavit.

The shark tried to get away. In the video, those on the boat can be heard laughing and Heintz yells, “Get it again, get it again,” the affidavit stated.

Wenzel shot at the shark three more times. However, the affidavit noted it’s unknown if any of the shots struck the shark.

“After shooting at the shark, all occupants on the vessel erupt with laughter and cheer,” the affidavit detailed.

Shortly after, Benac recorded the now-viral clip showing Wenzel operating the boat and the shark being dragged across the water at high speeds, according to the affidavit. Heintz can also be seen recording what was a 30-second video.

At the end of Heintz’s video, Wenzel said, “I think it’s dead,” the affidavit states.

What scientists say

Investigators showed the video to three shark experts, who all concluded the shark made voluntary movements during a video showing it laying across the gunnel before it was dragged, indicating the shark was still alive, according to the affidavit.

The experts also told investigators they saw movements indicating the shark was alive while it was being dragged, but it wasn’t enough for them to say, within a reasonable degree of scientific certainty, that the shark was alive.

In the affidavits, investigators concluded there was a “high probability” the shark was alive.

Robert Hueter, a shark expert at Mote Marine Laboratory, was one of three experts consulted in the case. In an email to the Bradenton Herald, he confirmed that he was consulted multiple times during the investigation, but declined to comment further on his role.

Social media ties

Not only were many of the videos filmed using the Snapchat app, they were re-posted across social media on several sites, including Instagram.

According to the affidavit, Benac messaged people on Instagram about the video after it surfaced.

“One person told Benac that, ‘You had no right to drag it alive.’ Benac replied, ‘I had every right,’” the affidavit detailed.

In a message to another profile, Benac admitted it was “excessive,” investigators found.

Benac also told Quartiano, a well-known shark hunter, via Instagram that they were “dragging water backwards over its gills and one of my buddy’s bet the other we couldn’t get the boat on plane,” according to the affidavit.

Wenzel surrendered to the Pinellas County Sheriff’s Office on Tuesday afternoon, jail records indicated.

Benac and Heintz also turned themselves in to the Hillsborough County Sheriff’s Office on Tuesday, jail records showed. The charges were filed in Hillsborough County.

All three were released on bond later that evening.

Court records Wednesday afternoon did not indicate an attorney for Benac, Wenzel or Heintz.

Heintz’s criminal history includes minor boating infractions while Wenzel has a prior arrest for underage drinking, carrying a concealed weapon and possession of false identification. Benac’s record includes two misdemeanors for allegations that he and four others were caught by Longboat Key police drinking alcohol while underage and had set a fire on a dock at the Quickpoint Nature Preserve.

The FWC received several videos and images from the public, which were looked at as part of the investigation, said Robert Klepper, public information coordinator for FWC. But they fell outside the statute of limitations for the violations, or statutory venue for enforcement jurisdiction could not be determined.

Klepper noted that this was a unique case for investigators, something they haven’t seen before.

The case is now in the hands of the State Attorney’s office in Hillsborough County, Klepper said.

“This type of behavior is not representative of conservation-minded anglers around the world,” Klepper said in an email. “The lack of respect and violation of law shown in the video for our natural resources has no place in Florida.”

This story was originally published December 13, 2017 at 11:38 AM with the headline "Videos detail evidence in shark dragging case, documents show."