Juan Ausencio Zarate, 30; Mary Esther Zarate, 27; and Fernando Franco Zarate, 38, were each charged with one felony count.
The three allegedly had 76 roosters in addition to knifes, gaffs, cages and other equipment, Oklahoma County District Attorney Wes Lane said.
The counts represent the first cockfighting charges filed in Oklahoma County under the new ban, spokeswoman Debra Forshee said.
Animal welfare officers found the chickens after they tracked down a runaway dog on Jan. 29. An animal welfare supervisor at the time said the chickens were in good condition, but some had missing toes.
Also Friday, the Oklahoma Coalition Against Cockfighting sent a letter to the Oklahoma State Bureau of Investigation and sheriffs in counties where the group claims cockfights have been scheduled this weekend, urging them to shut down the operations.
The coalition also included fight schedules in the letter.
"It is high time to enforce the law and put an end to staged animal fights where handlers strap sharp knives to the birds' legs and watch them hack one another to death," coalition spokeswoman Cynthia Armstrong said.
The state Supreme Court ruled Tuesday that the ban was constitutional, over arguments from game fowl breeders and pit owners that it robbed them of their livelihood without compensation. Louisiana and New Mexico are the only state's where the sport is legal.
The ruling reversed injunctions issued by county judges that blocked enforcement of the ban in more than 25 rural counties, primarily in eastern Oklahoma where the practice is more popular.
The ban makes it a felony punishable by up to 10 years in prison and a $25,000 fine to hold cockfights, to keep equipment or facilities for cockfighting or to possess the birds.
Soon after voters passed the law in November 2002, rural sheriffs warned that they were too busy fighting methamphetamine to chase down illegal gamecocks. Officials now say they will enforce the law, but they will ease into it.
Bryan County Sheriff Bill Sturch says he will give the southeastern Oklahoma county's cockfighters 20 days to educate themselves on the law before he begins holding them to it.
"We've not had a lot of problems with the guys in this area," said Sturch, whose county is known for cockfighting. "But once the law is passed and they can't do it, then we'll let them know that this is the way it is."
Mike O'Keefe, the chief deputy of the Creek County sheriff's office, said his office will go after offenders as soon as they get up to speed on the law's requirements.
"We will aggressively enforce it," said O'Keefe, whose county includes lots of cockfighting near Kellyville. "We're not going to look the other way. If the law changes, we will abide by it."
Oklahomans approved the ban with 56 percent of the vote in the Nov. 5, 2002, election. Overwhelming support in the Oklahoma City and Tulsa areas overcame cockfighters' victories in some rural counties.
"We're not going to go out there with guns and whatever," Sturch said. "I think we can handle it in a peaceful manner and make the transition. I don't expect we'll have any problem."
Some rural sheriffs acknowledged that investigating covert cockfighting rings will be difficult with small staffs. In Love County, the sheriff's office has just six deputies for 600 square miles of territory.
"We'll follow suit with what other counties are going to do," said Love County Undersheriff Rodney Richards. "With us being in the rural area we're in, manpower, budgeting and those kind of things just eat us up with the meth problem being what it is now."
Love County is home to the Red River Game Club, which has 960 seats, more than any other cockfighting site in Oklahoma. The arena's land was sold last year.
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Source: Associated Press
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It’s hard to imagine what pleasure people can get from watching dogs tearing each other apart or roosters slashing each other with razor-sharp knives attached to their legs.
But an estimated 40,000 people fight dogs in this country, and pit bull fighting is suspected in Central Virginia.
Cockfighting takes an even bigger toll, with an estimated 50,000 people raising cocks for battle in California alone.
Dogfighting is illegal in all 50 states, though cockfighting is legal in Louisiana and New Mexico.
The Humane Society of the United States is pushing for federal legislation that would boost the penalties from misdemeanors to felonies for the illegal movement of fighting animals across state lines.
While beefing up laws against this barbaric ritual seems like a no-brainer, the legislation is stuck in a House committee chaired by U.S. Rep. Bob Goodlatte, R-Virginia. The Sixth District congressman, who represents Lynchburg and chairs the Committee on Agriculture, has not moved this law along to the full House.
“There’s no excuse for inaction on this,” says Wayne Pacelle, senior vice president of the Humane Society.
Pacelle’s right. It’s hard to imagine what can be gained by letting this legislation languish. If humane considerations aren’t enough, there are other consequences to tacitly allowing the raising of animals as fighting machines.
Pit bulls, in particular, are branded as dangerous animals that need to be restrained at all times. But Lorrie Lee, a Naruna resident who has rescued and rehabilitated American Pit Bull Terriers for eight years, said the animals are not born with the desire to kill. It’s beaten into them.
“The dog’s nasty for a reason,” Lee said. “Because the owner made them that way.”
When a pit bull does escape a chain or pen, the results can be devastating. Children and adults alike are mauled and even killed by animals doing what they’re trained to do.
Cockfighting has caused even bigger concerns among mainstream agriculture. An outbreak last fall of exotic Newcastle disease in California appears to have started in birds smuggled from Mexico. The highly infectious disease spread to four other states, and authorities killed more than 3.3 million birds and spent $90 million to try to contain the disease.
The legislation that Goodlatte is sitting on would authorize up to two years of prison time for violations of the federal animal fighting law, rather than the misdemeanor penalty of one year in jail under current law.
Prosecutors are understandably reluctant to pursue such cases without felony-level penalties. Most states have felony-level penalties for animal fighting. Only in Idaho, Iowa and Wyoming is dogfighting just a misdemeanor.
The Humane Society offers up to a $2,500 reward for information leading to the arrest and conviction of dogfighters.
Anyone who knows about this illegal activity should report it, and Virginians should contact Congressman Goodlatte and urge him to pass the commonsense legislation that would place tougher penalties on this cruel animal abuse.
SPEAKING OF
HITLER
I evidently really
antagonize some readers when I mention Hitler. It is necessary for me to
respond to those who are upset or offended by my not infrequent use of this
analogy.
Hitler was an evil dictator who not only was
responsible for the death of millions; he was responsible for taking my father
away when I was seven weeks old to fight in Europe. I was four when I next
saw my Dad. Make no mistake about it, there is not the slightest tolerance
in my bones for old Adolph.
When I mention Hitler,
some readers see me comparing our politicians or parties to Hitler or the Nazi
Party. This has never been the case. When recalling the oppressive
and evil dictators of the last century names like Lenin, Stalin, Hitler, Mao Tse
Tung, Pol Pot, and Mugabe come to mind. Earlier despots like Nero,
Diocletian, and Cromwell are not usually useful analogies when discussing
potential dangers of current-day governments because most people are unfamiliar
with them and those who are, recognize that the circumstances change more, the
farther you go back into history.
I try very hard to describe
the environmental problems and animal rights agendas in the terms of
government-caused parts of the equations. I strive hard to describe how
this aspect of these issues is accelerating the shift of power in this country
from State responsibility to Federal or Central authority. Our part of the
shift (Endangered Species, Animal Welfare, Marine Mammals, Wilderness, Invasive
Species, Public Land Acquisitions and Closures, Taking Without Compensation,
Double Standards For Government and Citizens, etc.) should be viewed in this
larger context because I believe the government of the US (like other developed
nations and Europe especially) is becoming exactly what we revolted against in
1776 and what the Founding Fathers feared most - a central government with all
power vested in one place.
History was always a good subject
for me. When I was putting kids through college I worked part-time at the
National Archives, often in the Rotunda guarding the Constitution, Declaration
of Independence, and the Bill of Rights. As a result I have read a lot
about our Founding and have had long conversations with folks who have written
books about these matters. It is this experience that I bring to the table
with my wildlife biology and bureaucratic servitude. Which brings me back
to Hitler.
What is the difference between Hitler and all those
other guys I mentioned? If you said he was popularly elected, you get an
A. All those other guys either came to power by violence and mayhem or by
rigged elections or like Stalin insinuated themselves into established
dictatorships.
When Hitler was elected Prime Minister in 1932
and given the Chancellorship in early 1933 he assumed control of all aspects of
German life. In the next three years, according to John Keegan the noted
historian, Hitler "effectively restored German prosperity". I suggest to
you that if Germany had strong State governments and divided powers with defined
responsibilities at the Federal level, even at the depths of their economic
misery Germany could not have been turned into the evil power she became.
I further suggest to you that the more we concentrate American power and
authority at the Federal level and vacate power and authority at our state
level, the more we become like Germany was in 1933, that is to say with all
power in a central point. I further suggest that the less US Courts look
to the Constitution for firm guidance and turn to the whims of the moment, the
more they become like the Courts Hitler took charge of in 1933. So that is
˝ of the equation about using Hitler as an analogy for many of the issues we
increasingly face today, power consolidation and whimsical rules in an elected
government are just as dangerous as in a dictatorship.
The
other half of the analogy usefulness of mentioning Hitler is his seductive
appeal to voters. In addition to the intimidation of his armed thugs
(which was extensive) he offered solutions to every problem.
- He would create jobs
for everyone. (Sound
familiar?)
- He would
build autobahns. (Ike became famous for doing that
here.)
- He would
identify and segregate people by race and offer advantages to favored groups and
deny others their rights. (Sound
familiar?)
- He would
(and in the eyes of Germans could) exercise all the absolute power he possessed
to answer every concern of those who supported him
In 30
years we in the US have gone from state regulation of animals to proposed
Federal laws about how often you may breed your own dog on your own premises
thanks to the Animal Welfare Act. Likewise, the progress of the Endangered
Species Act in regards shifting State jurisdictions to Federal authorities has
been astonishing. The trend only pauses and never reverses. The
continuation of this trend only ends when States have nothing left to give and
the Federal government, like the German government of 1933, has it all.
Then, as the Founding Fathers knew from Cromwell (who had abused many of their
grandfathers) and Nero and Diocletian, trouble begins.
Our
Constitution attempted to establish a system of government that, should an
ill-intentioned person gain control, could minimize the damage of a
despot. This naturally made the government less able to solve every issue
of the day. It left preservation of this system to each succeeding
generation to resist the siren call of an all-powerful central government that
can answer your every problem because such a government can likewise take
everything you have including the lives of you and your loved
ones.
Hitler is the shining example of the evil
that the Founding Fathers tried hard to guard against. Mentioning him is
meant to be a sobering reminder of what an all-powerful central government is
capable of, even one that "elects" it's leaders. His example is too cogent
to allow the use of this analogy to be prohibited. I will continue to use
him where I feel appropriate and to those who are offended, I can only apologize
and ask them to consider why I am doing it.
Jim
Beers
2 April 2004
This article and other recent
articles by Jim Beers can be found at
http://www.allianceforamerica.org/bb/viewforum.php?f=91