It's unclear if it's the same animal in the latest video.
Prosecutors are using the video in the case against Robert Lee Benac. According to Fox 13, they intend to show that the shark was dragged first, then shot by Michael Wenzel, who accompanied Benac and Spencer Heintz on the boat during the viral incident. All three faced felony charges, though Heintz's were later dropped and Wenzel had his charges reduced to a misdemeanor and a 10-day jail sentence after accepting a plea deal.
Benac refused a similar deal and decided to take his chances with a trial, which is set to begin in September, Fox 13 reported late last week. Benac's attorney, Justin Petredis, claims the shark was shot by Wenzel first and then dragged. He told Fox 13 Benac didn't know that the shark would be shot.
Under Florida law, Benac could face up to 10 years in prison if found guilty after declining the plea deal.