Two men arrested for killing a tarpon fish after breaking into Florida aquarium to go fishing

A 55-inch long tarpon fish died after it was ripped out of the water of a Florida aquarium by a pair of men who snuck in hours after closing, officials said.

Derrick Lee Vivian, 25, and 20-year-old Christopher Jeffrey Smith were both charged with burglary and removing a tarpon greater than 40 inches in length from the water, according to the Monroe County Sheriff’s Office.

An investigation by officials found surveillance footage of the suspects entering Florida Keys Aquarium Encounters in Marathon at around 2.50am on May 25.

The anglers fished a private lagoon that the longer-than-4-foot tarpon called home. After wrangling the fish, the pair had a photo op of their prized catch for five minutes outside of the water.

The monster fish was finally thrown back in the lagoon, but it was too late. Employees found the fish dead.

State law states that any tarpon over 40 inches must remain in the water, with the only exception being a state or world record using a tarpon tag, according to the Florida Fish and Wildlife Conservation Commission.

‘Keep tarpon, especially the gills, in as much water as is safely possible,’ wrote the commission.

On November 8, 2025, Vivian was arrested, and Smith was booked into jail on Wednesday, officials said.

An investigation by officials on May 25, 2025, found surveillance footage of the pair of suspects entering Florida Keys Aquarium Encounters in Marathon, at around 2.50am

Derrick Lee Vivian, 25, (left) and Christopher Jeffrey Smith, 20, (right) were charged with burglary and removing a tarpon greater than 40 inches in length from the water, according to the Monroe County Sheriff’s Office

First-time offenders charged with the misdemeanor can face up to 60 days in jail and a $500 fine.

In 2024, Smith was ordered to serve a man a mandatory notice to appear in court citation for possessing an out-of-season and undersized snook, according to MCSO.

Officials say they stopped a Nissan sedan in Marathon for suspected illegal window tint.

‘There was an odor of marijuana emanating from the vehicle, in which Smith was a passenger,’ wrote officials.

During a search of the vehicle, an undersized snook was found in a bucket.

Snook are a popular sport fish in Florida and have been regulated since the mid-1950s, according to the Florida Fish and Wildlife Conservation Commission.

The closed season for catching Snook in Marathon is from December 1 to the end of February and from May 1 to September 30.

Even during the open season, only one snook is allowed per person per day.

The men ripped a tarpon about 55 inches from a lagoon in the aquarium took photos with it and released it but the fish did not survive

Unlike the smaller sport fish caught on Smith that day in 2024, the tarpon is described by the commission as an icon of saltwater in Florida.

Stress caused by fighting the powerful fish while reeling in can decrease the chance of survival.

Additionally, sharks are known to prey upon tarpon as they are being caught.

In the scenario of a shark, the commission suggests quickly bringing the fish to the boat and cutting the line as close to the hook as possible