"First Strike" Created By The Humane Society Of The United States..........
 
 
----- Original Message -----
From: "Catherine Stewart" <cstewart@gbhs.org>
To: <animals2000beyond@yahoogroups.com>
Sent: Wednesday, February 19, 2003 11:54 AM
Subject: [Humane Edu. Online] First Strike/ Male Youthful Offender We are sponsoring a First Strike Conference that will focus on “The Male Youthful Offender” We are inviting policeman, professors, judges, cruelty investigators, and school counselors to name a few. I have been asked to find a video that would be informative and deal with the issue of animal abuse and the male youthful offender. Does anyone have any ideas? Thank you in advance for your cooperation in this matter.
 
Catherine Stewart
Director of Education
Greater Birmingham Humane Society
1713 Lomb Avenue West
Birmingham, Alabama 35208
Phone: (205)- 780-7281
Fax: (205)- 785-DOGS
HYPERLINK "mailto:cstewart@GBHS.org"cstewart@GBHS.org
 
 
When Is Law Enforcement No Longer Law Enforcement?

 
Could Bob Nishiyama Be A Good "First Strike" Candidate?
 
.......Bob Nishiyama, task force commander.........
 
When Law Enforcement Says They Are Aware Of The Law, But Doing What They Feel Is Important Is More Important Than The Law Itself, What Do We Have? No Law, Vigilante Law, Or Even An Extremely Dangerous Situation That Could Cause The Spread Of JUDGMENT Calls By Law Enforcement Across The Nation, Even In Human Life And Death Situations?
 
What About When The Time Will Come When A Law Enforcement Officer Shoots “The Male
Youthful Offender” As The Officer Makes A Judgment Call On The Life Of An Animal Being In Danger?
 
Could That Be Called A "First Strike" Too?
 

 
Task Force commander defends decision to kill roosters
By LAURA CLARK/The Daily Journal

The Mendocino County Major Crimes Task Force received numerous calls last week after some 50 fighting roosters, found on the property of Redwood Valley resident Ciro Ruiz, were destroyed.

Because the roosters were trained to fight, they could not be put with any other domestic birds or they would have killed them. The birds were also pumped full of steroids to make them more aggressive so they weren't suitable for eating, Bob Nishiyama, task force commander, said.

However, under California penal code, section 599aa, that doesn't matter. The law states the birds should have been kept and stored while the case against their owner is adjudicated or, in case the owner is unknown, stored for at least 10 days. The law allows officers to take the animals and store them humanely or if that is impossible, leave them where they are.

Nishiyama said he was aware of the law, but doing the humane thing was more important.

"If we leave them in place, how humane am I? Where do the birds end up? I just couldn't see the birds put into a fighting ring. It didn't make sense. I didn't want to see those birds put through that, so consequently the decision was made because our fear was the birds were going to be subjected to that cruel life to destroy the birds in a humane manner," he said.

"I truly wish there was an option for them, but leaving them there seemed like we were abandoning them to a miserable life, and I couldn't do it," he said.

After getting a court order for the destruction of the roosters, task force officers went out to the property with the hope that they could verify that things were OK and leave everything in place, Nishiyama said.

He said they were not going to arrest anybody and were going to file with the DA's office (meaning they weren't going to take anyone to jail).

Nishiyama said Ruiz was taken to jail because of a stolen gun found at the residence.

"In the interview with us, he told us he was going to take the chickens to Mexico with him, so if we had left them in place, the birds would be gone and look at the life they would have been left to go to. It sounds like he already had buyers for the birds," Nishiyama said.

In addition, Animal Control is not set up for storage, because each bird would need its own space, Nishiyama said, recalling a time the Task Force responded to a similar incident in Sonoma County and attempted to store the birds in cages together. Apparently the birds fought each other to death, and the living ones had to be shot.

Adding to an already upsetting situation is the fact that because the roosters were evidence, and the evidence was destroyed, it may be difficult to prosecute Ruiz.

However, Nishiyama said, "Look what we are weighing it against: the prosecution against the cruelty. OK, maybe he gets a slap on the wrist through the court system, but you've got 50-something birds who are basically subjected to this cruelty in a life down in Mexico. Those were my options. I decided to take a chance and take the humane way out.

"If he doesn't get prosecuted we have to live with it, but hopefully he won't do it anymore," he said.

Will Nishiyama get in trouble?

"Probably, but again, what can I do. I have a choice of being humane or taking the safe route. It's not something I enjoy; it's not a decision I make easily. I invite anyone else to walk in my shoes. We have to put down animals that are injured, and quite frankly these were going to be," he said, noting officers did leave behind 15 hens and two roosters that appeared to be just breeders.

Also left behind was an incubator, with the idea being that if Ruiz really needs the eggs or wants to raise the chickens for legitimate purposes he can, Nishiyama said.

While Nishiyama said he doesn't know if Ruiz will be prosecuted, he does know he wants this kind of thing to stop.

"I think it's cruel and inhumane and somebody has got to stand up against it; unfortunately it's made my life a living hell. We didn't do this lightly, or with any kind of frivolity. All of the agents who were out there were miserable. Unfortunately, misery sometimes comes with the job," Nishiyama said.

So why would seizing roosters be a job for the Task Force?

Drugs, Nishiyama said.

"It's been our experience that a lot of the people who are involved with raising fighting roosters are also involved in the drug trade," he said.

He said he wasn't just talking about the people who raise the roosters and fight them, but also the people who bet on them.

"There's a lot of money involved in the betting. It's a big money sport," he said, noting the money needs to come from somewhere.

Another reason the Task Force got involved was because of numerous complaints from the community "asking for something to be done," he said.

"Animal Control had been contacted and they went out in November and told the guy this is illegal and he needed to stop and instead of stopping, he grew in size. Again, it isn't a number one priority, 'cause we are strapped pretty thin. And to be honest with you, I am an animal lover. It kills me to see this; I don't even hunt. When it finally came time to (destroy the roosters) Animal Control, bless their hearts, took care of it. I couldn't even watch. I had to go inside the house," Nishiyama said.

Source: http://www.ukiahdailyjournal.com/Stories/0,1413,91%7E3089%7E1190322,00.html
 
 

 
Man guilty of murder in post-cockfight beating

Advertiser Staff

A 22-year-old Kapalama man faces life in prison with the possibility of parole after a Circuit Court jury found him guilty yesterday of second-degree murder in the beating death of a man after a cockfight in Kalihi in 2001.

The jury deliberated for less than a day before finding Lamaar Richardson guilty in the death of Leon Fernandez. The jury also convicted Richardson of first-degree assault in the near-fatal beating of Eufracio Esmeralda.

The fight began after a group of men disputed a referee's decision as to which bird had won a cockfight held at a home on Bannister Street on Nov. 16, 2001.

During Richardson's trial, his lawyer, Emlyn Higa, claimed that the fatal blows were delivered by others involved in the fracas.

But city deputy prosecutor Wayne Tashima argued that Richardson took part in the beating and substantially contributed to Fernandez's death.

Circuit Judge Marie Milks set sentencing for April 22.

Source: http://the.honoluluadvertiser.com/article/2003/Feb/19/ln/ln20a.html