McAlester News-Capital, McAlester, OK

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October 17, 2013

Two men charged with possessing fighting fowl

McALESTER — Two McAlester men have been charged with possession of fighting roosters following an investigation by McAlester and Krebs police.

Jose Acosta, 24,  and Danny Cherry, 46, both of McAlester were charged in Pittsburg County District Court on Tuesday with conspiracy to possess fighting roosters.

Cockfighting has been banned in Oklahoma since Nov. 2002. In March 2004 The state Supreme Court upheld the ban on cockfighting, according to oksenate.gov.

Acosta and Cherry were arrested Sunday after McAlester and Krebs Police were called the Big V car wash in McAlester and found the two men loading wooden boxes of roosters, fighting blades and bottles of medicine into the back of a pick-up truck, according to a court affidavit.

Among the bottles of medicine were a several bottles of pills and a small box that contained testosterone, the affidavit states.

During cockfighting razor blades are attached to the roosters feet to cause injury to the other rooster,  according to McAlester Police Detective Kevin Hearod. He also said roosters are often injected with drugs such as Testosterone to make them more aggressive.

During the investigation Cherry allegedly told the officer that he was giving the roosters to Acosta because he couldn’t afford to pay to feed them, according to the affidavit.

When Cherry was asked about the blades and the testosterone, he allegedly told the officers that he used to fight roosters about 10 years ago but was “getting out of the business,” the affidavit states.

Meanwhile, Cherry was charged with one felony count of conspiracy to possess fighting roosters and one misdemeanor count of possession of controlled and dangerous substance (testosterone).

If convicted he faces up to 11 years in prison and $26,000 in fines.

Acosta was charged with one felony count of conspiracy to possess fighting roosters.

If convicted he and faces up to 10 years in prison and $25,000 in fines.

A preliminary hearing is set for Oct. 25 at 9 a.m.

Both men are currently being held in Pittsburg County Jail in lieu of $10,000 bond.

Acosta and Cherry could not be reached for comment by presstime today.

Contact Jeanne LeFlore at jleflore@mcalesternews.com.

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