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Defense in shark-dragging case asks for more time; next court appearance set for December

Michael Wenzel and Robert Lee Benac III have pleaded not guilty to animal cruelty charges.

TAMPA, Fla. – Defense attorneys for the two men accused in the shark-dragging case out of Manatee County asked for more time for discovery during a Monday hearing.

The judge in Hillsborough County set a final disposition date for December 4, then a trial date will be determined.

Michael Wenzel, of Palmetto and Robert Lee Benac III, of Bradenton are each charged with two felony counts of aggravated cruelty to animals and one misdemeanor count of violation of rules relating to the Florida Fish and Wildlife Conservation Commission.

In the viral video, the group of men could be seen on a boat, smiling, laughing and pointing at a shark being dragged by a rope behind a fast-moving boat.

The defense asked for more time for discovery, including getting time stamps for some videos.

"We're still in the investigative stage," Courtney Ettel, attorney for Wenzel, said.

A big part of this case, Ettel said, is determining whether the shark was alive or dead when it was dragged behind the boat. In August, two experts testified that they were unable to determine if the shark was alive during the incident.

"You can't abuse a dead animal," Ettel said.

In August, both Wenzel and Benac pleaded not guilty to the charges. Charges against a third man were dropped due to a lack of evidence.

Related: Experts unable to determine if shark was alive when dragged behind boat

Previous: Animal cruelty charges dropped for 1 of 3 suspects in shark-dragging case

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