Published: Sep 28, 2010 10:18 PM EDT
Updated: Sep 28, 2010 7:18 PM EDT

CHARLOTTE COUNTY, Fla. - On September 11, 2010 at approximately 2:15 pm a white male identified as Aziz Obidov (DOB: 6-16-79) went to the Murphy USA gas station at 335 Kings Hwy, Port Charlotte, Charlotte County Florida, 33983 and filled his black, 2010 Mercedes SUV with unleaded gasoline fuel. Obidov was approached by the Assistant Manager and another employee; both witnessed two hoses extending from the black SUV's gas tank, clear fluid coming out of the hoses and an extremely strong smell/ odor of gasoline emanating from the hoses. Obidov explained to the two Wal-Mart employees he had put unleaded gasoline in his diesel engine vehicle.

The hoses were described as a green garden type hose with no special markings. One hose was discharging the gasoline onto the asphalt approximately 30 feet from a storm drain; the second was discharging gasoline onto a grassy down sloped area that leads to a protected wetland area. There is a sign, advising the area was a protected wetlands area, approximately 6 foot away from where the gasoline was being discharged.

The Wal-Mart Assistant Manager stated he pointed the wetlands signage out to Obidov who replied "I got to do what I got to do". Obidov continued the discharge of gasoline onto the asphalt and wetlands even after being confronted by the Mal-Mart employees and was told the Sheriff's Office had been called. The store Assistant Manager copied the tag number and provided this information to the first arriving deputy. A sample of the contaminated asphalt was collected and submitted into evidence. The sample contained the strong, unmistakable odor of gasoline.

Aziz Obidov was later located and arrested for discharging a hazardous substance, mainly gasoline, a regulated hazardous waste product onto the ground and into a protected wetland. This is a felony in the third degree. Also probable cause exists for violation of Florida State Statute 376.302 (1a): Discharge of a pollutant or hazardous substance into or upon the surface or ground waters of this state. This is a misdemeanor in the first degree.