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Plea deal: Six months in jail for man charged in Chino cow abuse case


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10:00 PM PDT on Friday, March 21, 2008

By JOHN F. BERRY
The Press-Enterprise

Video: Chino slaughterhouse worker pleads guilty to animal cruelty

Related: More Beef Recall stories

CHINO - One of the two men shown in an undercover video mistreating cattle last year in a Chino slaughterhouse pleaded guilty Friday and was sentenced to six months in jail.

Rafael Sanchez Herrera, 34, accepted a plea agreement in San Bernardino County Superior Court that will result in him being deported to his native Mexico after he serves his term.

Sanchez pleaded guilty to three misdemeanor counts of illegal movement of a non-ambulatory animal. He also was sentenced to 30 days in jail, to be served concurrently, for a 2003 drug possession conviction.

Story continues below
David Bauman/The Press-Enterprise
Rafael Sanchez Herrera, 34, left, appears in San Bernardino County Superior Court on Friday in Chino with Spanish-language interpreter Edhar Hidalgo Garcia. Sanchez pleaded guilty to three misdemeanor counts of illegal movement of a non-ambulatory animal.

A felony count of possession of a controlled substance for sale was dismissed.

His wife, Angela Palacios Barajas, wept quietly during her husband's brief courtroom appearance in Chino. They have three children, one with special needs. She declined to comment.

Outside the courtroom, defense and prosecuting attorneys said the plea agreement was fair and best for both sides.

"It seems to me like he accepted responsibility," Deputy District Attorney Debbie Ploghaus said. "He's doing the right thing."

It is unacceptable for an employee to claim he was just following orders, she said.

"It's not a defense to say, 'Somebody made me abuse the animals,' " she said.

If convicted on the three animal-abuse charges, Sanchez could have been sentenced to three years in jail.

"It was in his best interest not to go to trial," Deputy Public Defender Mario Martinez said.

Martinez said Sanchez spent several hours Tuesday talking with two investigators from the U.S. Department of Agriculture.

"They asked a lot of questions about how the meat was processed," Martinez said. "They asked about how the plant operated."

Both attorneys said the interview was not tied to any plea agreement.

The other man charged in the videotaped abuse at Westland/Hallmark Meat Co., former manager Daniel Ugarte Navarro, 49, pleaded not guilty Thursday to eight misdemeanor and felony charges involving animal abuse, court records show.

Ugarte's arraignment had been scheduled for Monday, but he unexpectedly appeared Thursday after his newly hired private attorney pushed his arraignment forward, court officials and attorneys said.

His attorney, Ruben Salazar, could not be reached to comment Friday.

Ugarte could be offered a plea when he returns to a Chino courtroom April 17, Ploghaus said.

If no offer is announced, Ugarte's preliminary hearing could be scheduled within two months of his next hearing, Ploghaus said.

Both men were shown in a videotape shot by an undercover investigator from the Humane Society of the United States. The undercover investigator worked at the Chino plant for six weeks in October and November last year.

The video led to a Feb. 17 recall of 143 million pounds of beef, the largest in U.S. history. Hours of footage showed workers using electric prods, chains and a forklift to beat, shock and shove the cows so that they would stand, which they must be able to do before they are eligible for slaughter and entry into the food supply.

Reach John F. Berry at 909-806-3058 or jberry@PE.com

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