Law enforcement are still looking for the man who dove into the Bass Pro fish tank last week. I left his name out of the original post because I don’t think he has committed a felony, but the man they think did it has gone on social media to speak out. Daniel Armendariz posted on his Facebook account confirming that he is the one in the Bass Pro video, and proceeding to eviscerate Bass Pro for trying to charge him with a ridiculous felony. Multiple media outlets are referring to his post as a ‘confession’… but it’s only a confession if what he did was a crime. I’ll reiterate my previous post, it is not criminal mischief to jump into a giant fish tank. He did not willfully destroy any property, and it really shouldn’t be considered a felony, regardless of how mush Bass Pro claims they paid to disinfect the tank.
Mr. Armendariz says he will turn himself in… but not until he is ready. It’s also worth pointing out that Crimestoppers mentioned his previous charges for some serious offenses, but he says he beat those charges. It’s like they were trying to make him look bad as they are trying to sell the idea that his silly prank is a serious crime. Again, not a good look. You can check out his rant, but be forewarned, mature content:
Man Diving in Tank
You might have seen the video going around of the guy who jumped into the giant Native Fish Tank at the Fort Myers Bass Pro Shops. If you haven’t been, Bass Pro has a huge tank with fish from Florida- it’s a centerpiece of the store. It made all the local news, and got shared all over on social media, and everybody had a good laugh about it. Now, local crimestoppers is claiming they have identified the man, and that he is wanted for felony charges!
That’s the kind of overblown hooey that frustrates people about cops.
Apparently, LCSO is claiming that it cost Bass Pro $3000 to ‘decontaminate’ the tank, and that makes him a felon. I call garbage- both on the cost and the felony.
They are alleging that the cost makes it a felony criminal mischief. Unfortunately, whoever is alleging that has not read the criminal mischief statute. To qualify, an individual must “willfully and maliciously” damage property. I have been out there to check it, but it certainly doesn’t look like any damage was done. On top of that, for it to be willful, he’d have to know that jumping in the tank would cause a $3000 disinfecting bill, which of course he didn’t, because it’s ridiculous. This might be some trespass of property, but to charge this kid with a felony is willful and malicious prosecution, and the authorities should be ashamed.
Here’s the story and video on the news:
The News-Press indicates some high school kids got in trouble for doing that in 2011… it doesn’t indicate that they gave a bunch of kids felonies, though: