A Hilo couple who breed and sell fighting chickens is suing neighbors, claiming two of their dogs ran loose, damaged a breeding pen belonging to the couple and killed 26 of their fowl.
A Hilo couple who breed and sell fighting chickens is suing neighbors, claiming two of their dogs ran loose, damaged a breeding pen belonging to the couple and killed 26 of their fowl.
Attorney Ted Hong filed the civil lawsuit Feb. 10 in Hilo Circuit Court on behalf of James and Stacy Kagimoto. The suit seeks $196,489, plus compensatory and punitive damages, interest and attorney’s fees and costs from James and Carol Aiona, whom the suit claims live near the Kagimotos’ Waiakea Uka farm.
According to the complaint, on two separate incidents on June 23 and 25, 2016, the dogs, described as a gray pit bull and a black dog of an unknown breed, killed 23 roosters and three hens from the Kagimoto’s breeding stock.
The suit states Stacy Kagimoto witnessed the incidents and Erwin Kagimoto contacted police.
“They made a criminal complaint. The Police Department said it was a civil matter and wouldn’t do anything about it,” Hong said Thursday.
The suit claims the Kagimotos breed and sell gamecocks known as “battle crosses,” as well as breeding stock.
Hong said Erwin Kagimoto developed a proprietary method of breeding and feeding the pugnacious poultry.
“When I say proprietary, I mean he developed it on his own. He had been doing this for a couple of years until he hit on the methods that would be successful for him,” he explained. “To be clear, he wasn’t fighting them; he was selling them.”
Cockfighting, organizing cockfights and gambling on cockfights are illegal in Hawaii. Raising and selling game fowl, however, is permitted under the law.
According to the complaint, the Aionas admitted the dogs were theirs and offered to reimburse the Kagimotos over time for their losses, but haven’t followed up with any compensation. Hong said his clients are “at the end of their rope, financially and otherwise.”
“They had wanted to use the revenues from their fighting chickens to pay for their daughter’s college tuition. This put them in a big hole financially,” he said. “They had to reinvest money they didn’t have, so they fell into debt. They would’ve been happy with anything, or something, but they felt they were misled, so they came to me. We gave (the Aionas) a last chance, but no response.”
The suit pegs the estimated cost for replacing the roosters at $9,775 and the breeder hens at $4,380. In addition, the Kagimotos estimate the production loss of the hens within a five-year period to be $140,250, and the projected revenue loss during the three years needed to raise the breeder hens to productivity at $14,038.
“At this stage of the game, that’s the number that we’re pursuing,” Hong said. “If (the Aionas) want to come and talk to us, I’m always willing to talk to opposing parties. But my clients’ position is (the Aionas) backed them into a financial hole they’re unable to get out of. They really don’t have any other alternative, so we’re sticking to that number for now. This is basically the result of efforts to trying to resolve things, but the other side not wanting to do anything about it.”
Hong said the Kagimotos are “trying to rebuild.”
“It’s difficult for them because they had buyers for their product,” he said. “But because they couldn’t deliver, the buyers went elsewhere. They have to rebuild and they’re trying to find other buyers.”
A phone call Friday by the Tribune-Herald to the Aionas was not returned by press time.
Email John Burnett at jburnett@hawaiitribune-herald.com.