Activist threw a fisherman’s catch back into the lake. Now, he has to pay.

Via Tampa Bay Times

JAMES BORCHUCK | Times Animal activist Michael Leaming listens to his lawyer Peri Sedigh argue for his defense in Pinellas County court Friday, Nov. 16, 2018. Last year Leaming and members of the group Direct Action Everywhere, protested inside a Pinellas Park Chick-fil-A before confronting a family fishing at Crescent Lake in St. Petersburg. The fisherman, Robert Hope, had just caught a tilapia when Leaming was filmed yelling at him and throwing the fish back into the lake. He was charged with 'interfering with lawful taking of game or fish,' but that was changed the day before the trial to petit theft, both a second degree misdemeanor.Animal activist Michael Leaming listens to his lawyer Peri Sedigh argue for his defense in Pinellas County court Friday, Nov. 16, 2018. Last year Leaming and members of the group Direct Action Everywhere, protested inside a Pinellas Park Chick-fil-A before confronting a family fishing at Crescent Lake in St. Petersburg. The fisherman, Robert Hope, had just caught a tilapia when Leaming was filmed yelling at him and throwing the fish back into the lake. He was charged with ‘interfering with lawful taking of game or fish,’ but that was changed the day before the trial to petit theft, both a second degree misdemeanor.

CLEARWATER — A dying fish was flopping on a hot deck. An animal activist called throwing it back in the water an act of kindness. The state called it theft.

The value of St. Petersburg’s most internet famous flying fish? About $6.

Now, Michael Leaming will have to pay a $500 fine and court costs after a judge found him guilty of depriving Robert Hope of his dinner by launching a tilapia into Crescent Lake in July 2017.

A video of the exchange in Crescent Lake Park went viral and was reposted to various social media platforms around the world, racking up millions of views.

The Florida Fish and Wildlife Conservation Commission referred the case to the State Attorney’s Office. At first, the state charged Leaming with “interference with taking of fish.”

But late Thursday, a day before the non-jury trial in Pinellas-Pasco Circuit Court, the state changed its charge to petit theft.

Prosecutors discovered the interference charge is only for state waters, not a city-owned property like Crescent Lake, said State Attorney spokesman Frank Piazza. The other two charges the commission had recommended were battery, for taking the fish from under the foot of Hope’s wife, and petit theft. The theft charge seemed more appropriate, Piazza said.

Hope planned to cook the fish for dinner that night. A fish and wildlife investigator testified that, by the size of the fish and the price per pound of tilapia, the fish was worth about $6.

The incident happened on a chaotic day in Pinellas County when animal activists, including the Leaming family, caused a scene inside a Pinellas Park Chick-fil-A. Their goal was to spread the message that “it’s not food, it’s violence.”

After that fracas, the Leamings said they headed to Crescent Lake Park and were discussing other matters. Then, they said, Landon Leaming, now 10, saw Hope and his son fishing from a concrete platform at the lake.

Hope caught a tilapia and realized he had forgotten the bucket he normally uses to hold his catch, he testified, so he asked his son Christopher to go back to the car and fetch it. Landon Leaming saw the fish flopping on the concrete deck and asked his father if he could say something to them.

“I told him not to worry about it, let them be,” Leaming testified Friday. But his son was upset so he let him approach the men and say, “Did you know that fish feel pain?”

Michael Leaming followed up, asking, what if it was a dog, or a human child on the concrete? The fisherman kept trying to shrug him off. But Hope’s wife, Brenda Hope, stepped in. She stood over the fish as she tried to unravel a fish stringer, used to submerge fish in the water. Leaming bent over and grabbed the fish and threw it back into the water, shouting, “Call the police! I just saved a fish’s life, how about that? How about that?”

Prosecutors played the video in the courtroom and Landon Leaming watched intently, at one point leaning forward on his elbows as his father said, “You guys just going to let this fish die like this?”

In his closing argument, prosecutor Joshua Foutz noted that many fishermen simply leave their fish on the deck until they are done for the day and that “this was nothing more than a show for (Leaming’s) political beliefs.”

But defense attorney Peri Sedigh said, “This wasn’t theft, this was a rescue.”

Judge Robert Dittmer acknowledged that people get passionate about issues, but said the state has granted fishermen the right to fish the waters. He noted that commercial fisherman often put their catch on ice immediately, where the fish are left to die. He feared letting the door open on this could lead to sabotage of fishing vessels.

Dittmer withheld adjudication so Leaming’s record is clear. He also didn’t impose probation as the state had requested. Leaming could have been sentenced to 60 days in jail, six months probation and mandatory counseling.

After the trial, Leaming said he was happy he won’t have a guilty verdict but felt it was unfair to suddenly have to face a theft charge when they had prepared for the interference claim. He was sure he would have won that.

“I’m glad that my dad’s not guilty,” Landon Leaming said. “I felt sad that it was happening to this fish and I wanted to help the fish.”

Several vegan and animal rights supporters came to the trial. Though they weren’t involved in the protest that day, PETA has supported the Leamings.

“Any kind person would stop to help a dog who was gasping for air on hot pavement, and when it comes to the ability to feel pain and fear, a fish is no different from a dog, a cat, or a human being,” PETA executive vice president Tracy Reiman said in a statement.

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Anonymous
Anonymous

Is it considered assault to throw a hothead in your face over the fence and into the lake so he can cool down?
I mean, you’re saving a retarded person from heat stress.
That’s altruistic, isn’t it?

He bought and used a camera probably made in Japan.
Jap fishermen harvest whales and sharks, both illegal. Join an ocean going vessel of Greenpeace, warrior. Wouldn’t last a week.

If he came to other states spouting his vegan radicalism, he would probably get decked for pushing so hard.
In the presence of his kids? Too traumatic? Then don’t bring them into the ring, where you choose your battles.
That’s like Taliban hiding behind women & kids, between the terrorist stunts they pull.

Judge should’ve thrown that dick in jail for 30 days, and forced him to pay all court costs, and serve community service hours for 90 days after release.
He needs some protein.
A cellmate might oblige that deficiency.

Anonymous
Anonymous

Estrogen boy needs some testosterone. That tilapia would have been much more nutritious than most tilapia that are raised on land fish farms in China or Indonesia and fed with pig feces. Shot a deer out my bedroom window in my bathrobe yesterday. Take that, asshole. -ILuvCO2

BB
BB

I used to fish alot when I was younger . The thought of someone coming up and trying to ” rescue ” your catch was unheard of. I guess it shows how well fed we are as Americans and that now that we are not hungry we get stupid. This world and most of the people get stranger everyday.

Dutchman
Dutchman

I’d shove the fish up his ass.

KaD
KaD

Down his throat might have done more good.

Iska Waran
Iska Waran

He should get the electric chair.

Grog
Grog

Lemming and members of the group Dumb Asses Everywhere.

Judge Robert Dimmer withheld adjudication so Lemming’s record is clear.

Hope is lost.

Anonymous
Anonymous

Tilapia is on the invasive species list. They should be taken out of that habitat.

RiNS

What a waste of the court’s time..

yeah the fish thrower was being a dick but so was the aggrieved fisherman.

Its a Tilapia for fuck sakes! Aren’t they dead easy to catch.. seriously
comment image

Or am I getting them confused with something else. Either way does it really matter. Wait long enough around those parts and a fish might made things right and jumped back on the wharf…

Todd H.
Todd H.

Tilapia is a trash fish that is non-native to Florida anyway, so fishermen who catch and eat tilapia are doing a service to native species.

StackingStock
StackingStock

Slavery was bad, so they outlawed it lmfao. They made us all slaves or at least the productive ones you indoctrinated piece of filth. The POS has no clue how to properly release a fish back into the water, he most likely killed it with his childish stunt.

Jess
Jess

Well, the attorney made a car payment, the court paid for the electricity, and justice was served, but not fried, and served with green tomato relish, fries and hush puppies.

Personally, I would have whipped him like a red headed step child, with the handy fiberglass whipping rod he conveniently had in his hand.

Aodh Mor MacRaynall
Aodh Mor MacRaynall

That little low-T cocksucker throws my fish back in the water, he’s going in after it.

mark
mark

Give a man a fish to throw away and you don’t feed him for a day; throw back a man’s caught fish and you give him a reason to punch you out!

LibertyToad
LibertyToad

He “saved” a tilapia –a junk fish. That’s just funny.

Even more funny is that here in Illinois, restaurants charge as much for farm raised tilapia as they do for salmon and people buy it. People are idiots.

Unreconstructed
Unreconstructed

And they had to start talking about the Bible and the garden of Eden.
Fast forward and if memory serves me correctly some of Jesus’ disciples were fishermen and He and the boys were eating them fish. End of story.

Anonymous
Anonymous

After about a minute of this guy he should move out of range. Saw him flinch a couple times when the bearded dude showed up.
The fisherman showed amazing restraint.

Vixen Vic
Vixen Vic

I agree, Anonymous, the fisherman did show amazing restraint. Should have called the police as soon as the asshats started harassing them instead of trying to reason with them. You can’t reason with the insane.

KaD
KaD

I despise ‘activists’ and I can’t recall the last time that the ’cause’ any of them were fighting was worth a shit. That said, good. They need to be made to understand that their ‘activism’ end when it conflicts with someone else’s rights.

Fleabags
Fleabags

He looks like Hogg’s twin sister.

Vixen Vic
Vixen Vic

This is what happens when crazy people involve themselves in other peoples’ pursuits. This needs to end. Just because you “feel” a certain way about something doesn’t mean you can intrude into the pursuits of others, especially when the activity of the other person is LEGAL. These are the type of people that need to be in insane asylums. I say BRING THEM BACK!

Vixen Vic
Vixen Vic

Oh, and just to add, they’re making their son a snowflake and ruining his life at the same time.

Vixen Vic
Vixen Vic

They should have done what they do in the U.K., bash the fish on the head and kill it instantly instead of putting it on a fish string or in a cooler. No problem then.

Socratic Dog
Socratic Dog

I would have made the guy happy by cutting its throat on the spot.

Fleabags
Fleabags

Just a new version of the “Fur is Dead” idiots spitting on someone’s fur coat.

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