Charter captain’s career in jeopardy

SARASOTA — Charter Boat Captain Mark Bailey's bad day on the water could cost him his livelihood and his freedom.

The U.S. Coast Guard confirmed it is investigating the 36-year-old captain of the Double Marker fishing boat after passengers told the Sarasota Police Department that Bailey got drunk and high and threatened to shoot them and dump them overboard during a frightening 18-hour ordeal 60 miles offshore.

Sarasota Police arrested Bailey and charged him with boating under the influence and resisting arrest, but allegations of crimes at sea are being investigated by the Coast Guard.

Additional charges could include armed kidnapping and aggravated assault with a deadly weapon, said George Dekle, professor emeritus at the University of Florida Levin College of Law, who reviewed the case at the Herald-Tribune's request.

"It's possible that he would have to forfeit his boat," Dekle said. "The feds are real good about getting the last ounce of blood out of somebody they prosecute."

That process, however, could take time. Dekle said thorough federal investigations can be cumbersome and sometimes last for years.

Coast Guard spokesman Petty Officer Barry Bena said investigators are working swiftly to interview witnesses and working with SPD, but it could be a prolonged investigation because of the number of witnesses and volume of evidence.

"With the potential severity (of the incident) our investigators would rather do this quicker than longer," Bena said. "Especially, since there was a child involved."

In the meantime, Bailey is free after posting $620 bond.

After he was released from jail, Bailey sent text messages to Carlo Lopeparo, who had chartered the trip for his friends and family for $2,000, saying, "Sorry you guys had to wait around through all that," and, "Are you guys OK?"

Bailey did not return numerous calls or messages on social media from the Herald-Tribune seeking comment for this story.

Sarasota Police reports indicate several of Bailey's passengers told investigators that the captain was drinking rum and beer and using cocaine and marijuana during the charter.

They said they feared for their lives and were plotting to overtake the captain after an incident occurred midway through the trip.

Start of the conflict

According to the SPD report, 15-year-old Jason Rialmo was asked to grab a beer for his uncle from the captain's pail on the second deck, but the captain told him to put it back. Rialmo thought the captain was joking and descended the ladder.

Bailey followed the boy and yanked a chain off his neck. This set off an argument between the boy's uncle, Lopeparo, and Bailey, which persisted for hours until the captain had another argument with passenger Christopher Giuffre, 23, whom he called to the second deck.

The captain told Giuffre, "Don't come at me on my own boat," and, "You think you're a tough guy? I have a 9 mm and I could pop all you (expletive)."

Bailey sent Giuffre away and about 15 minutes later fired four to seven shots in the air, passengers said.

This happened around 9:30 p.m., about two hours after the trip was scheduled to end. Over the next three hours, the passengers begged the captain to bring them to the dock, sometimes driving in circles for hours, until Lopeparo paid him $1,600 for the trip and a $400 tip for the first mate.

The first mate, Devin Kissell, was asleep during part of the trip, but when he woke up he tried to keep the captain calm. Statements from the passengers indicated that Kissell was not involved in the incident.

After Lopeparo paid Bailey, the captain continued to steer the boat in circles, away from shore, for another 2½ hours.

When Bailey finally returned to shore, there were more than a dozen police officers and Coast Guardsmen waiting at the dock.

Lost livelihood

A charter boat license is required to carry paying customers, according to Melody Kilborn, a spokeswoman at Florida Fish and Wildlife Conservation Commission.

To be a saltwater fishing guide, you must comply with Coast Guard requirements, Kilborn said.

"Any potential revocation of a captain's license that may occur due to this incident would only occur after a conviction," she said.

Bailey, who is from England, operates the Double Marker and keeps it moored at Marina Jack. His business, called "Double Nickel Charters," was purchased in November 2016 from brothers Nicholas and William Froelich.

The Froelichs — both captains — started the fishing charter in 2011 but moved to Costa Rica. They retained rights to use the name and left Bailey with the website, which he was supposed to change, Nicholas Froelich said. Bailey paid for the business and website but never changed the branding to reflect his new ownership, Froelich said.

Nicholas Froelich said Bailey has no rights to the "Double Nickel Charters" name, and as a result of the recent incident, the Froelichs' business has received bad publicity.

"We do not condone that type of behavior, and we are very sorry for the families that had to suffer from that experience," Froelich said. "We are doing everything we can to further separate ourselves" from Bailey.

"My brother and I worked very hard for our business and our reputation, and this guy's actions in one day have drastically destroyed our business," Froelich said.