A Los Angeles man was sentenced to 45 days in jail and a year of probation after video showed him giving a protected juvenile hawk a sip of alcohol at a park.
Cesar Gustavo Diaz, 25, was sentenced by a judge Thursday after he pleaded no contest to a misdemeanor charge of animal cruelty, court records show. A second misdemeanor charge, capturing or possessing a bird or mammal, was dismissed.
The California Department of Fish and Wildlife announced last week's sentencing on Tuesday, saying its Special Operations Unit investigated Diaz after concerned members of the public pointed out the video.
The video involved a juvenile Cooper's hawk — protected under federal and California law — that was being given a taste of alcohol at Amelia Mayberry Park in South Whittier, a community about 16 miles southeast of downtown Los Angeles, on June 15, according to the department and court records.
Images provided by the Department of Fish and Wildlife show the raptor sipping from what appears to be a BuzzBallz ready-to-drink cocktail in its green, spherical container.
Investigators conducted five judge-approved searches and focused on Diaz with the help of the Los Angeles County Sheriff's Department and its Operation Safe Streets unit, the Department of Fish and Wildlife said.
When investigators were ready to arrest Diaz, he was found in custody on unrelated charges, the department said, and told investigators he had released the hawk.
According to court records, Diaz served 44 of his 45 days ahead of sentencing, partly with the help of credit for good behavior.
Two public defenders were assigned to Diaz’s case. Their office did not immediately respond to a request for comment late Tuesday.
His sentence also includes a 24-session animal cruelty counseling program, a five-year ban on having animals under his care, a 10-year ban on possessing firearms and $220 in fines and fees, the department said.
Cooper's hawks are protected under federal law enacted in 1918 and updated in 1998. It prohibits their capture, possession or sale. State law also prohibits harming or harassing such wildlife, according to the Department of Fish and Wildlife.
The birds prey on chipmunks, squirrels and sometimes fish, and they can grow to 15 inches in length, according to the Hawk Ridge Bird Observatory in Duluth, Minnesota.
