2 men accused of breaking into Marathon aquarium, killing 55-inch tarpon

MONROE COUNTY, Fla. —

Two men were arrested after being accused of killing a tarpon fish at a Marathon aquarium in May 2025.

According to the Monroe County Sheriff's Office, Derrick Vivian, 25, of Fort Myers, and Christopher Smith, 20, of Marathon, were both arrested following an investigation.

MCSO began investigating on May 25, 2025, after the two men were seen on security footage entering the Florida Keys Aquarium Encounters in Marathon at around 2:50 a.m., MCSO said.

The two men then fished in the aquarium's private lagoon, caught a 55-inch tarpon, and then took photos of it while holding it out of the water for about five minutes before throwing it back in, MCSO said.

The tarpon was then found dead by aquarium employees.

Smith was arrested on Wednesday, and Vivian was arrested on Nov. 8, 2025. Both face charges of burglary and removing a tarpon greater than 40 inches in length from the water, which is a conservation misdemeanor.

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