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Lutz Man Pleads Guilty In Gasparilla Boat Chase

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By TOM BRENNAN | The Tampa Tribune

Published: December 23, 2008

Updated: 12/23/2008 12:41 pm

Mark Koert

TAMPA - A Lutz man who led authorities on a high-speed boat chase in January pleaded guilty to federal charges of ramming a Coast Guard inflatable boat with a stolen 28-foot powerboat.

Mark Koert, 27, entered his plea before U.S. District Magistrate Thomas B. McCoun III. He will be sentenced by U.S. District Judge Virginia M. Hernandez-Covington, probably in March. He signed a plea agreement with prosecutors in November.

Authorities say Koert admitted stealing a 28-foot Maxum powerboat from a Harbour Island dock Jan. 26 as Gasparilla festivities were winding down. The boat's owners reported it stolen, and Hillsborough County Sheriff's Office marine units noticed it running at high speed without lights in Hillsborough Bay.

A Coast Guard inflatable boat was patrolling near Davis Islands when it got a call for assistance. The boat intercepted the vessel. The crew pulled aside and ordered the pilot to pull over, but Koert ignored the order, they said.

Koert turned sharply toward the chase boat, trying to ram it, the crew said.

They were forced to take evasive action, authorities said.

A member of the crew fired two shotgun rounds into the Maxum's engine area. Koert responded by ramming his pursuers, putting his boat into the chase boat and landing on its port bow, authorities said.

Hillsborough deputies also were shooting at Koert and his boat.

The guardsmen fired more rounds at the engine, but Koert was able to reverse his direction and break the two boats apart, according to the plea agreement. He eventually ran aground in shallow water near the Platt Street Bridge.

Attorney Ralph Fernandez told McCoun his client had been drinking and apparently blacked out. He said Koert had a tumor removed from his pituitary gland, and medical testimony indicates his memory has been affected.

"He has no recollection," Fernandez said.

Fernandez said Koert was not disputing everything detailed by Assistant U.S. Attorney Matthew Perry. Most of the chase, he said, was taped.

"There is no dispute Mr. Koert did these things," Perry said.

McCoun would not proceed until assured by Koert and Fernandez that Koert had the capacity to understand and appreciate the consequences of his actions and of pleading guilty.

"You will not be able to come back later if you get hammered at sentencing," McCoun told Koert.

Koert pleaded guilty to charges of forcibly assaulting federal officers with a deadly weapon, criminal damage to government property and failure to obey an order to heave to. The charges carry a maximum sentence of 35 years if sentenced consecutively.

In exchange of waiving being indicted by a grand jury and by pleading guilty, prosecutors have agreed to recommend Koert receive a sentence at the lower end of the federal sentencing guidelines. He is also to get credit for accepting responsibility.

Reporter Tom Brennan can be reached at (813) 259-7698 or tbrennan@tampatrib.com.

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