2 Florida Men Who Thought They Were Freeing Illegally Caught Sharks Are Now Felons
On a Monday in August 2020, Camryn Kuehl and her family embarked on a snorkeling trip in Jupiter, Florida, on a boat operated by a company that specializes in shark encounters. During the trip, the boat’s crew, John R. Moore Jr. and Tanner Mansell, spotted what they described to the Kuehls as an “illegal longline fishing line” attached to a buoy. With the Kuehls’ help, Moore and Mansell hauled in the line and freed the 19 sharks caught on it—a rescue operation they encouraged the Kuehls to document with their cellphones. Moore called Florida Fish and Wildlife Officer Barry Partelow to report the incident.
As Partelow ultimately discovered, Moore and Mansell had made a mistake. The line had been set by Scott Taylor, a seafood distributor whom the National Oceanic and Atmospheric Administration had authorized to catch sharks for research purposes. Although Moore and Mansell clearly thought they were doing good by releasing illegally ensnared sharks, they were nevertheless convicted of theft at sea, a federal felony punishable by up to five years in prison. Prosecutors alleged that Moore and Mansell had stolen Taylor’s fishing gear, which they left on the dock, where marina employees discarded it in a dumpster.
In addition to a year of probation, Moore and Mansell were saddled with felony convictions that trigger lifelong disabilities, including barriers to employment and loss of their Second Amendment rights. They challenged their convictions on the grounds that the jury instructions included a broad, counterintuitive definition of stealing that did not require an intent to use Taylor’s gear for their own benefit. Last September, a three-judge panel of the U.S. Court of Appeals for the 11th Circuit rejected that challenge. Moore and Mansell are now asking the full appeals court to reverse that decision and correct the flagrant injustice of treating them as federal felons based on an honest, well-intentioned error.
Moore and Mansell were convicted under 18 USC 661, which applies to someone who “takes and carries away, with intent to steal or purloin, any personal property of another” within “the special maritime and territorial jurisdiction of the United States.” During their trial, they asked U.S. District Judge Donald Middlebrooks to instruct the jury that stealing property means wrongfully taking it “with intent to deprive the owner of the use or benefit permanently or temporarily and to convert it to one’s own use or the use of another.” After the prosecution objected to including a conversion element, Middlebrooks omitted it, although he did tell the jury that the defendants maintained they had “removed property without the bad purpose to disobey or disregard the law and therefore did not act with the intent to steal or purloin.”
The jurors, who sent the judge half a dozen notes while deliberating for two days (longer than it had taken to present the evidence against Moore and Mansell), struggled to reach a verdict. When they told Middlebrooks they had been unable to reach a unanimous decision,
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