Englewood woman guilty in turtle tampering case
Manasota Key property owner Juanita Schultz is clashing with the Charlotte County Sheriff's office to keep trespassers off of what she claims is a private beach. Schultz says the sheriff's office is neglecting their duty to enforce the law. ( Photo/ Matt Houston )
Published: Tuesday, February 21, 2012 at 4:27 p.m.
PUNTA GORDA – An Englewood woman known for zealously defending her stretch of beach from visitors was found guilty Tuesday of damaging an endangered loggerhead sea turtle nest.
A Charlotte County circuit court jury convicted Juanita Schultz, 75, of wounding a species protected by the endangered species act, a third-degree felony that carries a penalty of up to five years in prison and a $5,000 fine.
Sentencing is scheduled for March 30. Schultz has no prior felony convictions and is unlikely to receive a prison sentence, said Martina Hedvicek, the assistant state attorney who prosecuted the case. Schultz most likely faces fines and probation, Hedvicek said.
Loggerhead sea turtles are considered at risk for extinction and are protected by state and federal endangered species laws.
The prosecution hinged largely on the testimony of a neighbor who reported seeing Schultz damaging the nest.
“It was important that citizens stepped up to protect sea turtles,” said Gary Morse, a spokesman for the Florida Fish and Wildlife Conservation Commission. “Sea turtles belong to everyone and they're an important resource of the state.”
It is unclear whether Schultz will appeal. She could not be reached at her home phone and her Fort Myers attorney, Andrew Banyai, said he did not feel comfortable allowing her to talk to reporters before sentencing.
The case dates back to June 2010, during a period of heightened concern over sea turtles as oil from the Deepwater Horizon blowout slicked the Gulf of Mexico.
A loggerhead crawled onto Schultz's beachfront property and dug a nest that was later marked by stakes and tape by volunteers, state officials reported. State laws allow permitted volunteers to mark nests on private property as a way to protect the fragile eggs from foot traffic.
Schultz reportedly removed the stakes and, according to a neighbor who testified against her, also kicked sand over the nest and placed a lawn chair on top of it.
Schultz and her tenant, Mary Cammarano-Richards, were both arrested for tampering with the nest. Cammarano-Richards entered into a plea deal with the state, avoiding trial.
At the time, Schultz contended that her neighbor called wildlife officials out of spite because they had sparred over trespassing issues.
Schultz is staunchly protective of her beachfront, citing a deed that says her property line ends at the water, not the high-tide line. She has frequently called police to boot unwitting beachgoers from lounging on her stretch of strand.
Jurors heard the case on Monday and part of Tuesday, reaching a verdict in less than three hours.
The case is rare. Hedvicek said she was not familiar with another similar case involving sea turtles in Charlotte County within the past five years.
“Most private property owners are excellent stewards of our wildlife, so it's not all that common where we have a private property owner disturbing sea turtle nests,” Morse said.
EARLIER…
Juanita Schultz, the woman notorious for running people off her beachfront property in Englewood, was found guilty in Charlotte County circuit court Tuesday of harming a sea turtle nest two years ago.
The felony conviction by a jury could bring up to five years in prison and a $5,000 fine, although the sentence is not likely to be that severe.
Martina Hedvicek, the assistant state attorney who prosecuted the case in Charlotte County circuit court, said Schultz would likely get probation. That could include community service requirements and fines.
In June of 2010, Schultz removed the stakes and tape that volunteers used to mark off a sea turtle nest on her property. Volunteers are licensed by the state to mark nests on private land.
It is illegal to tamper with sea turtle nests because they are a threatened species under the federal Endangered Species Act.
Our View from the Helm: Some people are just plain mean and bitter and we wonder what would ever make a person turn out this way and do things like Juanita Schultz has done.
