MARATHON, Fla. – A Marathon boat captain is facing two felony and two misdemeanor charges after sheriff’s deputies said he threatened two out-of-state tourists, one of whom was a teenager, as they fished from kayaks near a resort where they were staying.
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Monroe County Sheriff’s Office deputies took James Christian Gagliardini, 52, into custody on Thursday.
According to an arrest report, deputies were sent to the Bluegreen Vacations Hammocks At Marathon Resort at 1688 Overseas Highway just before 2 p.m. after receiving a report of threats.
The MCSO report states that a Virginia man told deputies that while he and his 17-year-old son were fishing from kayaks near the resort, a man operating a 21-foot Coastal Bay boat “began circling them recklessly at approximately (five) feet away.”
The operator, identified as Gagliardini, was yelling, “You cannot fish here” as he aggressively circled the kayakers, deputies said.
Authorities said another man, Eric Robert Wink, 34, of Conch Key, sprayed one of the victims with a water hose.
The report states surveillance video corroborated the visitors’ account.
“I observed James board the Coastal Bay vessel, slowly approach the kayaks, then rapidly accelerate and circle (the pair) twice,” MCSO Deputy Diamond Goodman wrote. “It appeared James was within approximately three to five feet. James trimmed up the motor while revving the engine to push a large volume of water towards the victims as if he was attempting to capsize them.”
The report states that Gagliardini admitted to circling the pair, claiming there was “no fishing allowed” in the area and “that others typically comply when he makes such requests.”
“James stated he intentionally circled the kayaks to (disturb) the fish, therefore they would not be able to catch any fish,” Goodman wrote.
Goodman wrote that Gagliardini explained that he’s a captain who docks at the resort “and the fish are his ‘pets.’”
Deputies said that a Florida Fish and Wildlife Conservation Commission officer confirmed that the tourists were “not in a non-fishing area and were allowed to fish.”
According to MCSO, the posted sign was just a “suggestion,” the FWC officer said.
Deputies arrested Gagliardini on two charges of aggravated assault with intent to commit a felony and one count each of reckless or careless operation of a vessel and harassment of fishermen.
They also arrested Wink on a misdemeanor battery charge.
Both Gagliardini and Wink were being held in MCSO’s Key West jail facility as of late Friday morning, with no listed bonds.
Wink was scheduled to be arraigned in Monroe County court on July 28, while Gagliardini’s hearing was scheduled for Aug. 1.