BUT POLICE REPORT SAYS HE THREATENED TO KILL BOAT'S CURRENT CAPTAIN
There has been another development in the continuing saga of the Black Duck. David "Dusty" Andrews, 35, the former captain of the 40-foot for-charter sailboat, is in jail, charged with aggravated assault with a deadly weapon.
But Attorney Sam Kaufman, Andrews' lawyer, says the charges are "absolutely false", and he said he plans to tell that to Judge Richard Payne this morning, Friday, April 19.
On March 28, Andrews says he went to the Black Duck, moored at the Key West Bight, to personally serve papers placing a lien on the boat in an effort to recover $7000 in back pay he says the owners owe him.
He had words with the new captain, James Warren Hale, 40, and those words turned into a fist fight. Somebody called the cops. And Andrews was arrested.
This story began back on February 18, when police officers went to the Black Duck, moored at the Key West Bight and attempted to arrest Andrews for BUI— boating under the influence of alcohol.
One problem: The Black Duck was tied up to the dock and had been all day. A planned charter had been canceled and Andrews and his first mate were sitting on the dock having "a couple of cold ones".
According to the Florida Marine Patrol, a person is guilty of BUI if he is drunk while operating a boat in state waters. It's not against the law to sit on a boat and have a few beers at the dock, however.
No matter. Andrews said both he and his mate were ordered off the boat, handcuffed and threatened. He said the officers removed the handcuffs and left the dock only after a Marine Patrol officer arrived and, apparently, explained to them the definition of BUI.
But, Andrews said, as the officers walked away, one of them turned and said, "This isn't over. We're going to get you."
Andrews also said that one of the officers took his $70 rigging knife, slipped it into his pocket and has yet to return it.
According to KWPD official records, however, the incident never happened. No police report was filed.
But witnesses at the scene said that the police were, indeed, there and they were abusive and "out of control".
The problem may have started earlier in the afternoon when seven tourists showed up for a charter. Andrews said he turned them away because his license only allows him to take out six people.
"They were unhappy about that and, apparently, one of them called the cops," Andrews said.
According to the police dispatch report, however, one of the tourists said they refused to get on the boat when they smelled alcohol on Andrews' breath.
Andrews said that one of the cops at the scene said he was going to call the boat owner and report that Andrews had operated a trip under the influence. Apparently, that's what happened. Owner Joe Visceqlie fired Andrews the next day.
Andrews says that Visceqlie fired him to avoid paying him.
Andrews claims that when he went to the boat on March 28 to serve the lien papers, he was attacked by Capt. Hale. Andrews reportedly suffered a broken nose, black eye and a torn shirt.
But Hale says that Andrews pulled a knife on him and threatened to kill him.
"The cops seemed to be listening to both sides," Andrews said, "until they figured out that I was the guy they tried to arrest back in February. Then their attitude changed."
Andrews said that during the arrest, one of the officers took another rigging knife from him, laughing, "You're not going to get this one back either."
When he was arrested, Andrews said that he was not transported directly to jail. He says he was handcuffed to a wall at the police station and "ridiculed, humiliated and harassed" for two hours. He says he was told that officers "couldn't find" transport to the jail.
"You don't want me to take you to jail," Andrews quoted one of the officers as telling him, "You wouldn't like the scenic route."
But, Andrews said, the officers became very quiet and professional when their supervisor came in.
Andrews said that when he asked to be taken to the hospital, officers laughed and gave him a wet napkin to try to clean the blood off his face, arms and chest.
The police report tells another story, alleging that Andrews "kept going into uncontrollable rages; at one time saying that he should have killed Hale."
Police say they have witnesses who say they overheard Andrews threaten Hale. Andrews says he has witnesses who will testify that he was the victim.
Andrews has been held on $20,000 bond.