Thursday, Jan. 29, 2009

Defendant in cockfighting case given diversion

A Johnson County man charged with 172 misdemeanors for an alleged cockfighting operation entered into a diversion agreement Thursday.

The charges will be dismissed if he successfully completes the agreement in one year.

As part of the agreement, Murillo Fernando Tapia, 37, of Eudora, agreed to pay about $45,000 to the Johnson County sheriff’s department for the cost of an extensive and long investigation.

The case and its outcome are already prompting cries to change Kansas law to make cockfighting a felony, said Johnson County District Attorney Steve Howe.

What was once a legal blood sport is now illegal in all states. It’s a felony in more than three dozen states, including Missouri.

No deal has been reached with a co-defendant who faces the same charges for the alleged operation at a homestead near Gardner.

Juan Carlos Rodriguez-Machain, 50, of Olathe worked for Tapia and is thought to be in the country illegally, prosecutors said at a court hearing. He is scheduled for trial in April.

Paul Morrison, Tapia’s attorney, could not be reached for comment. He has questioned the evidence in court hearings and argued that it was unfair to stack so many misdemeanor charges up against his client. Each count is punishable for up to one year.

Former District Attorney Phill Kline made the call on the misdemeanor charges, and Howe said today he decided against taking Tapia to trial next week partly because of cost and limited resources.

It would have involved a week of trial and pay for outside experts to fly in and testify, he said. Also, Tapia was a first-time offender and met the criteria for diversion, Howe said.

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