Hearing Set for Man in Cockfighting Case

Instead of offering an expected plea bargain to a man accused of raising cockfighting birds, a West Justice Center judge in Westminster on Monday set a Dec. 5 pretrial hearing and ordered a background check of the defendant.

Magdaleno Hernandez, 33, of Garden Grove was prepared to plead guilty to possession of 123 fighting birds or chicks and related paraphernalia, said his attorney. But Superior Court Judge Michael S. McCartin’s earlier tentative offer of 10 days of community service, a $250 fine and three years’ probation didn’t materialize.

Hernandez faces 75 misdemeanor charges, with a penalty of up to six months in jail. He is not accused of using the birds in a cockfight. He was arrested June 6 after a neighbor complained about noise and a large amount of traffic at his home in the 13100 block of Jefferson Street.

“We’re surprised,” said Christopher Glew, Hernandez’s attorney. “We thought it was all worked out.” But Deputy Dist. Atty. Troy Pino said charges involving the blood sport deserve jail time.