Cockfighting
Oklahoma City, OK (US)Incident Date: Thursday, Jan 29, 2004
County: Oklahoma
Disposition: Alleged
Alleged:
» Mary Esther Zarate
» Juan Ausencio Zarate
» Fernando Franco Zarate
Case Updates: 1 update(s) available
An Oklahoma City family Friday became the first people charged with violating the state's anti-cockfighting law. Mary Esther Zarate, 27, Juan Ausencio Zarate, 30, and Fernando Franco Zarate, 38, each were charged in Oklahoma County District Court with one felony count of possession of birds with intent to engage in a cockfight.
The Zarates were arrested Jan. 29 after a runaway dog led Animal Control officer Sheridan Lowery to their home in southwest Oklahoma City. A probable-cause affidavit signed by Lowery states that the Zarates admitted they owned the birds. The affidavit also states that Mary Zarate acknowledged fighting the birds.
Lowery also said he found several gaffs and knives, which often are attached to the legs of game fowl for use as a weapon during a cockfight.
The Oklahoma Supreme Court ruled 7-0 Tuesday (March 30, 2004) that the cockfighting ban passed by voters in November 2002 was constitutional. The ruling came after cockfighters in 25 counties challenged the law, and injunctions were issued to keep it from being enforced.
Those injunctions were still in effect when the Zarates were arrested. But Assistant District Attorney Lynn McGuire said the law was not challenged in Oklahoma County, and no such injunction protected the Zarates from prosecution.
McGuire acknowledged the unusual nature of the case and said it should send a message that Oklahoma County will enforce the cockfighting ban.
As these events were unfolding, the attorney for the Gamefowl Breeders Association said a petition soon will be filed with the Supreme Court asking it to rehear its Tuesday decision.
Larry Oliver, a Tulsa attorney, said he will file a request for a rehearing and ask that the court issue an order to prevent the law from becoming effective until the latest appeal is over.
Oliver also said if the group loses in the state Supreme Court, it will go to the U.S. Supreme Court.
The cockfighting issue has been in and out of the state court system since 1999 when the petition drive to ban the sport was filed with the secretary of state.
Case Updates| The first case likely to be tried in Oklahoma will deal with Oklahoma City's Zarate family. Juan Ausencio Zarate, 29; Mary Esther Zarate, 27, and Fernando Franco Zarate, 38, were each charged with possession of birds with the intent to cockfight in April 2004. | | Update posted on Jun 20, 2004 - 1:51PM |
References
« More cases in Oklahoma County, OK
|
