Man pleads to lesser charge in rooster sale
July 26th, 2010 | 
Author: BEDFORD — A Coleman Falls man, charged with two felonies stemming from allegations he sold fighting roosters to a police informant, pleaded guilty to a single misdemeanor in Bedford County Circuit Court on Tuesday morning.
Avery Fitzgerald, 63, pleaded guilty to an amended misdemeanor charge of aiding and abetting animal fighting. He was sentenced to 12 months in jail with all but four months suspended. Judge James Updike said he would let Fitzgerald serve his sentence on weekends.
The prosecutor dropped the second felony charge.
Assistant Commonwealth’s Attorney Mark Robinette said Fitzgerald told authorities he used to fight roosters, but stopped when it became illegal.
Robinette said Fitzgerald said he didn’t know selling fighting roosters was also illegal.
“I think he thought he was OK,” Robinette said. “He didn’t know the law as well as he thought he did.”
Fitzgerald could not be reached for comment Tuesday.
His arrest was the result of an undercover investigation by the Bedford County Sheriff’s Office.
According to testimony at a March preliminary hearing, witnesses said Fitzgerald sold a sheriff’s office informant two roosters for $100 each, telling the informant they were “good game chickens.”
Metal spurs, a chemical to stop bleeding and a fighting pit were found at Fitzgerald’s home by sheriff’s deputies in December, according to testimony at the earlier hearing.
Robinette said he considered Fitzgerald’s age and lack of a criminal record when making the plea agreement. Without the plea agreement, he said, it was likely Fitzgerald would not have gotten any jail time even if he had been convicted of the felonies.
“This way, we give him some punishment and he avoids the felony,” he said.
Sheriff’s deputies seized 39 roosters in the December search of Fitzgerald’s home, which were later taken to the Bedford County Animal Shelter.
The Eastern Shore Sanctuary and Education Center adopted eight. The rest were killed.
In addition to his jail sentence, Updike ordered Fitzgerald not to get any more pets, including roosters, for two years. Robinette said he will also file a request for restitution for the cost of keeping the roosters at the county shelter.
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