Saturday, September 20, 2014
FAIRFIELD-SUISUN, CALIFORNIA
99 CENTS

Jurors deadlock 11-1 in rooster noise trial

By
From page A4 | December 08, 2012 |

FAIRFIELD — Jurors who sat through a five-day trial for a man charged with disturbing the peace because of his noisy roosters deadlocked Friday and another five-day trial has been scheduled for January.

Neighbors of a ranch owner a few miles east of Elmira did not like the early morning crowing of dozens of roosters on the ranch. They complained and in 2011 the Solano County District Attorney’s Office charged the ranch owner, Neftali Rivera, with disturbing the peace and creating a nuisance.

The filing of the criminal charges coincided with passage of an ordinance that bars county residents from having more than four roosters on their property without a special exemption. Rivera responded by hiring a trio of criminal defense attorneys. They offered up no defense case at the trial.

Jurors deadlocked 11-1 for guilt. Judge Alesia Jones scheduled the second trial to begin Jan. 22.

Rivera and his son previously sued the county in 2011, claiming the rooster law was unconstitutional. The lawsuit was thrown out.

The Riveras sued the county a second time in April, seeking $5 million and claiming the fowl at their Clark Road ranch should be exempt from the chicken ban. Judge D. Scott Daniels is scheduled to hear the lawsuit in January.

Reach Jess Sullivan at 427-6919 or jsullivan@dailyrepublic.net. Follow him on Twitter at www.twitter.com/jsullivandr.

Jess Sullivan

Jess has covered the criminal justice system in Solano County for several years. He was an embedded reporter in Iraq in 2003.
LEAVE A COMMENT

Discussion | 2 comments

The Daily Republic does not necessarily condone the comments here, nor does it review every post. Read our full policy

  • Rich GiddensDecember 08, 2012 - 12:41 pm

    The DA's credibility is on the line with this rooster case. Others like me have in the past complained about neighborhood nuisances like party houses and auto repair / auto spray paint businesses being operated out of rental homes. In those cases, nothing was done except blame the complainers! This is different--affluent residents complaining about adjacent poultry production. Its no wonder that there is a dissenter on that jury who wisely saw that the DA is engaged in a crime himself--a malicious prosecution because his cop pals with all the money in the world cant seemingly resolve minor problems.

    Reply | Report abusive comment
  • Jim DemoruelleDecember 09, 2012 - 10:00 am

    rancher Jess as a Chief Petty Officer Retired I thank you for your service to the military and our country. On your coverage about the rooster trial being suffered upon the Riveras I would pray that you would look at the violation by the county of the constitutional rights of the rancher. Roosters are livestock and property, as such the rancher has the protection of our Republic. The Constitution states that we have the right to use our property and further that, life; liberty and the pursuit of happiness are also property rights, Cayuga Falls v. New York. Roosters do not crow loud enough to reach anywhere near the decibel level to be considered noise pollution, therefore I think the rancher is being violated and has right to protection. Do you understand what happens when police invade a property to uphold court orders? Armed men who could kill a person enter with some trepidation and an elevated cense of self-protection. This is a recipe for failure. You must understand that our government has NO constitutional authority to send government agents to endanger the lives of Americans under the concept that the government’s duty is to defend the opinion of a neighbor. In fact our government has the duty to defend human lives and that includes our God given rights, constitutionally protected right to privacy, and that includes our right to own, possess and harvest our livestock against the sentimental or aggravated whims of a misguided majority. The Constitution protects individual rights and not group rights unless the individual violates the group rights, ie, drunk driving, gun use in a crowed area, etc. It sounds to me like the rancher is suffering a judicially imposed constitutional attack. If anyone has seen the result of a country being run by tyrants and violated rights Jess you have and it is not pretty. This case is not what the founders of our republic-wanted especially when you consider that they all were involved in either raising or participating in the use of gamecocks. I would like to hear from the Rivera family. Jim Demoruelle HMC/USN/Ret. 337-363-7597

    Reply | Report abusive comment
.

Solano News

Solano jobless rate drops, jobs rise

By Barry Eberling | From Page: A1

 
 
Memorial focuses on hope, healing from addiction

By Amy Maginnis-Honey | From Page: A1, 1 Comment | Gallery

Vacaville High graduate shines at tech event

By Brad Stanhope | From Page: A2

 
Highway 37 detours in place

By Amy Maginnis-Honey | From Page: A3

 
New law aimed at urban water district reports

By Amy Maginnis-Honey | From Page: A3

 
Travis celebrates KC-10′s 20 years at base

By Ian Thompson | From Page: A3 | Gallery

 
Maintenance begins on Rio Vista Bridge Sunday

By Amy Maginnis-Honey | From Page: A4, 1 Comment

 
Mother gives late daughter a voice by helping others

By Susan Winlow | From Page: B8, 1 Comment | Gallery

 
Suisun City police log: Sept. 18, 2014

By Susan Hiland | From Page: A9

Fairfield police log: Sept. 18, 2014

By Susan Hiland | From Page: A9

 
.

US / World

Record-setting retardant used on California fire

By The Associated Press | From Page: A1

 
UC campus chancellors granted hefty pay raises

By The Associated Press | From Page: A4

Brown vetoes diaper changing-station bills

By The Associated Press | From Page: A4

 
Oakland mother charged in cocaine death of son, 2

By The Associated Press | From Page: A4, 1 Comment

Feds approve California’s immigrant license words

By The Associated Press | From Page: A5 | Gallery

 
California man accused of killing fellow gym-goer

By The Associated Press | From Page: A5, 1 Comment

California school gender equity ruling upheld

By The Associated Press | From Page: A5

 
State to ban smoking at home day cares

By The Associated Press | From Page: A5

Driver of stolen van that hit dog gets prison time

By The Associated Press | From Page: A5, 2 Comments

 
License plate scanner networks capture movements

By The Associated Press | From Page: A5

Fence-jumper makes it into the White House

By The Associated Press | From Page: A9

 
After vote to stay in UK, Scots must heal divide

By The Associated Press | From Page: A10

Florida town knew shooter had troubled past

By The Associated Press | From Page: A10

 
Daughter calls Utah doctor a monster at sentencing

By The Associated Press | From Page: A10

3 guilty in Ga. salmonella-tainted peanut trial

By The Associated Press | From Page: A10

 
Fierce fighting in Yemeni capital kills 120

By The Associated Press | From Page: A10

Sierra Leone begins 3-day Ebola lockdown

By The Associated Press | From Page: A10

 
Ambush suspect could be aided by dense woods

By The Associated Press | From Page: A10

France joins US against Islamic State over Iraq

By The Associated Press | From Page: A10, 2 Comments

 
.

Opinion

Fairfield Ford boosts animal adoption efforts

By Letter to the Editor | From Page: A8

 
Lots of services available for Solano veterans

By Ted Puntillo | From Page: A8

Cheers, jeers for the week of Sept. 14-20, 2014

By Daily Republic | From Page: A8

 
Editorial cartoons for Sept. 20, 2014

By Daily Republic Syndicated Content | From Page: A8

.

Living

Today in History: Sept. 20, 2014

By The Associated Press | From Page: A2

 
Community Calendar: Sept. 20, 2014

By Susan Hiland | From Page: A2

Horoscopes: Sept. 20, 2014

By Holiday Mathis | From Page: A7

 
Make sure you get educated during Ovarian Cancer Awareness Month

By Kathy Mitchell and Marcy Sugar | From Page: A7

 
.

Entertainment

 
Fallon to pay up, broadcast show in Chicago

By The Associated Press | From Page: B9

TVGrid

By Daily Republic Syndicated Content | From Page: B9

 
.

Sports

 
A’s Lester holds Phillies to 5 hits in 7 innings in 3-1 victory

By The Associated Press | From Page: B1 | Gallery

Big plays in second half lift Vanden past Center

By Paul Farmer | From Page: B1

 
Legs power Mustangs in win over Falcons

By Nick DeCicco | From Page: B1 | Gallery

49ers’ Davis, McDonald questionable for Sunday

By The Associated Press | From Page: B2

 
Stewart slogs through tough day at New Hampshire

By The Associated Press | From Page: B2

Rio Vista gets easy football win over Delta

By Daily Republic staff | From Page: B2

 
Keselowski wins pole at New Hampshire

By The Associated Press | From Page: B2

Gordon has suspension reduced to 10 games

By The Associated Press | From Page: B2

 
After NFL, baseball addresses domestic violence

By The Associated Press | From Page: B2

Goodell: ‘Same mistakes can never be repeated’

By The Associated Press | From Page: B2

 
Kershaw gets 20th win as Dodgers pound Cubs 14-5

By The Associated Press | From Page: B2

Raiders could be down 2 starters on defense

By The Associated Press | From Page: B2 | Gallery

 
Sharks open with new vibe after playoff collapse

By The Associated Press | From Page: B2

This date in sports history for Saturday, Sept. 20, 2014

By The Associated Press | From Page: B3

 
.

Business

The Kuro taste: Peppery tang and hint of squid ink

By The Associated Press | From Page: B4

 
Pabst Brewing to be sold to Russian company

By The Associated Press | From Page: B4

China fines GlaxoSmithKline $492M for bribery

By The Associated Press | From Page: B4

 
Procter & Gamble cancels on-field NFL promotion

By The Associated Press | From Page: B4

California adopts olive-oil labeling standards

By The Associated Press | From Page: B4, 1 Comment

 
Yahoo rakes in another jackpot from Alibaba’s IPO

By The Associated Press | From Page: B4

Alibaba stock soars in jubilant trading debut

By The Associated Press | From Page: B4

 
.

Obituaries

Charles Randolph Orr

By Susan Hiland | From Page: A4

 
Corazon Libunao Thompson

By Susan Hiland | From Page: A4

Allie M. Zell-Jones

By Susan Hiland | From Page: A4

 
George Junior Rhode

By Nancy Green | From Page: A4

.

Comics

Beetle Bailey

By Daily Republic Syndicated Content | From Page: A6

 
B.C.

By Daily Republic Syndicated Content | From Page: A6

Garfield

By Daily Republic Syndicated Content | From Page: A6

 
Sally Forth

By Daily Republic Syndicated Content | From Page: A6

Frank and Ernest

By Daily Republic Syndicated Content | From Page: A6

 
Baby Blues

By Daily Republic Syndicated Content | From Page: A6

Zits

By Daily Republic Syndicated Content | From Page: A6

 
Get Fuzzy

By Daily Republic Syndicated Content | From Page: A6

Baldo

By Daily Republic Syndicated Content | From Page: A6

 
Wizard of Id

By Daily Republic Syndicated Content | From Page: A6

Dilbert

By Daily Republic Syndicated Content | From Page: A6

 
Peanuts

By Daily Republic Syndicated Content | From Page: A6

Rose is Rose

By Daily Republic Syndicated Content | From Page: A6

 
Blondie

By Daily Republic Syndicated Content | From Page: A6

Pickles

By Daily Republic Syndicated Content | From Page: A6

 
For Better or Worse

By Daily Republic Syndicated Content | From Page: A6

Crossword

By Daily Republic Syndicated Content | From Page: A7

 
Sudoku

By Daily Republic Syndicated Content | From Page: A7

Bridge

By Daily Republic Syndicated Content | From Page: A7

 
Cryptoquote

By Daily Republic Syndicated Content | From Page: A7

Word Sleuth

By Daily Republic Syndicated Content | From Page: A7

 
.

Home Seller 09/20/14

Average US 30-year mortgage rate at 4.23 percent

By The Associated Press | From Page: HSR2

Real estate transactions for Sept. 20, 2014

By Daily Republic | From Page: HSR3

New Standard Pacific models in Vacaville

By Daily Republic | From Page: HSR3