A Holmes Beach man who fishes commercially out of Cortez was sentenced in a federal courtroom Dec. 8 to 30 days in jail.
Fisher John Yates, 59, plans to appeal his conviction and sentence and alleges multiple mistakes and misstatements in the federal case against him.
Yates was convicted in August on one charge of disposing of evidence to prevent seizure and one charge of destroying evidence to impede or obstruct a federal investigation. The jury did not convict Yates on a third count, lying to a federal agent.
He said almost immediately that he would appeal.
The government agencies involved include the Florida Fish and Wildlife Conservation Commission, the U.S. Justice Department, the U.S. Attorney’s Office, the National Oceanic Atmospheric Administration and the Coast Guard.
The government maintains that Yates, who was captain of a small commercial crew on the Gulf of Mexico, took short fish and then destroyed evidence.
Yates maintains that he didn’t take short fish or destroy any evidence and that the FWC officer who boarded his boat at sea didn’t follow proper procedures, specifically he didn’t measure the fish according to federal guidelines.
A sentencing hearing in Fort Myers was delayed until Dec. 5 and then again delayed until Dec. 8.
Wife Sandy Yates said her husband was taken into custody Dec. 8 after a two-hour battle over the sentence. The prosecution, she said, sought a two-year sentence but the judge handed down a 30-day sentence to be served in the Lee County jail, followed by three years on supervised release.
Sounds like the prosecutor must have authorized this witch hunt. Who else would be stupid enough to ask for a two year sentence but the idiot who authorized the investment of our tax dollars to go after a hardworking fisherman trying to stay above the poverty level legally. Let’s see, we have food stamps, assisted living, free medical and so much more for those that are too lazy to work and the government brings their rath down on John, a hardworking fisherman. Let’s see now, how many local, state and federal agencies and U.S. tax dollars were spend to catch this desperado? Way too many! Vote for people you would trust with your money and how it is spent. Are the people that pulled this blunder of justice the people you want spending your tax dollars? If not, get out and vote.
God Bless John and his Family