Attorneys/Judges
| Prosecutor(s): | Christine L. Wilson | | Defense(s): | Michael Marinaro | | Judge(s): | Margaret Miller |
CONVICTED: Was justice served?
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Case #8257 Rating: 2.4 out of 5
Cockfighting
Lancaster, PA (US)Incident Date: Wednesday, Apr 26, 2006
County: Lancaster
Charges: Felony CTA
Disposition: Convicted
Defendant/Suspect: Misael Torres Colon
Case Updates: 1 update(s) available
On the afternoon of April 26, city police were asked to go to 118 Crystal St. to check on the welfare of a woman.
The woman was fine, Officer Jerry Hess said, but while policemen were talking to the residents they heard the sound of roosters crowing.
"And it was coming from inside the residence,'' Hess said. "We asked if we could see them.''
Misael Torres Colon, 27, invited the police officers into his house, Hess said, and led them to the basement, where they found eight roosters in separate cages.
"He said they were pets,'' Hess said.
In addition to the caged roosters, Hess said, they found what appeared to be vitamins (described as having a picture of a rooster flexing his muscles on the label), spurs and little boxing glove-like items for over the birds' feet.
Colon was charged with eight counts of cruelty to animals, a third degree felony, Hess said, based on the premise that the roosters were being trained for fighting.
While cockfighting is unusual in Lancaster County - the last case reported in the city was five years ago, according to newspaper records - it does still happen, officials said.
The roosters, which Hess said "were crowing the whole time we were there,'' were taken to the Humane League of Lancaster County, where they will be cared for pending the outcome of the court case.
Hess said that Colon's finished basement "wasn't dirty...and the birds seem to be fine. They were in good-sized cages.''
Even keeping roosters as pets would be a violation of the city ordinance against possessing farm animals, Hess said, but the consensus among police and the Humane League officers was that the birds were in training for cockfighting.
Colon did not make a statement to police, Hess said, other than to say the birds were pets and had been "given to him by a friend.''
Megan Gallagher Clark, director of community outreach for the Humane League of Lancaster County, said that the roosters will be appropriately cared for.
In general, without knowing anything about Wednesday's incident, Clark said sometimes cockfighting roosters can become less aggressive when they are taken off any diet supplements or hormones and placed in a more natural farm setting.
A veterinarian will also check the roosters to make sure they are healthy and not carrying any illnesses, Clark said, but she added, "Generally speaking, they appear to be in good condition.''
Case UpdatesA city man convicted in May on eight counts of animal cruelty for cockfighting has been sentenced to up to a year in prison.
Misael Torres Colon was sentenced Friday by Judge Margaret Miller to 6 months to a year in prison, 3 years' probation and 200 hours of community service and ordered to pay a $100 fine plus court costs.
Assistant District Attorney Christine L. Wilson prosecuted Colon in the trial, which ended with the county's first conviction on animal-fighting charges, and she urged Miller to mete out a hefty punishment for Colon's crime, which she described as participation in a "violent blood sport" and a cruel, "archaic form of entertainment" that's illegal in every state in the nation. "It was a very appropriate sentence," Wilson said Monday. "(Colon) had a prior felony drug conviction, so it was appropriate considering the guidelines and the facts of the case."
Colon's attorney, Michael Marinaro, argued Friday that Colon was a victim of cultural differences as a native of Puerto Rico, a place where cockfighting is an accepted form of entertainment.
Colon was arrested in April 2006 when police discovered cockfighting paraphernalia and eight caged roosters in the basement of his home at 118 Crystal St. He was twice expected to plead guilty before his one-day jury trial, but he didn't.
Marinaro asked Miller to suppress evidence seized from Colon's home, including the birds, which were shaved and prepped to fight; medications; vitamins; scales; and sparring muffs found near the birds' cages. Marinaro argued that his client does not speak English, so he could not have given police permission to enter his home. Miller allowed the evidence, saying she found Colon's testimony, and that of his wife, Leilany Torres Colon, inconsistent.
Police visited Colon's home after receiving a call saying Torres Colon might be a victim of domestic violence. She told police she was OK, but police said they heard roosters crowing from inside the city row home. It's illegal to keep farm animals in city homes.
In a similar case last summer, city resident Ivan Ruiz Rivera faced charges of animal cruelty after police discovered three pit bulls, 30 chicks and items used to train animals to fight at his home at 535 S. Lime St. That case became the county's first felony-level jury trial for animal fighting, but the results were strikingly different. Jurors acquitted Rivera on the cockfighting charge and failed to agree on a verdict on the dogfighting charge. To resolve the dogfighting offense, the district attorney's office lowered the charge to a summary level, and Rivera pleaded guilty to it.
Given the outcome of the Rivera trial, Wilson is optimistic that Colon's fate is a turning point in attitudes toward animal fighting. "I'm really happy with the sentence," she said. "This case will send a message that animal fighting will not be tolerated in this county." | Source: Lancaster Online - Aug 6, 2008
Update posted on Aug 6, 2008 - 9:21AM |
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