That's a tough call. I followed that one very closely and was pulling for a few of those big fish to get hooked, but I might not pin that escape on Fitzgerald. I'd argue it's at least somewhat unclear. He may not have been been given the proper fishing equipment to land the fish and the appropriate license to fish in the pond where the big, smelly fish swam.
Fitgerald is certainly someone you don't want on your case, if you are a potential criminal defendant.