BREAKING: Bayview Park Cock Shooter Pleads Not Guilty, Appearance Waived
Defense filing means defendant was not required to attend arraignment despite initial report on front page of Keys Citizen e-edition
Gregory Wayne Tolan, the alleged Bayview Park Cock Shooter, charged in the high-profile rooster shooting case that sparked widespread public outrage across Florida, has pleaded not guilty, with his attorneys filing a written waiver of appearance ahead of his scheduled arraignmen yesterday.
Tolan did not appear in court April 9 as his case was called before Circuit Judge Mark Jones. Defense counsel instead submitted a written plea of not guilty along with a waiver of appearance earlier in the week allowing the arraignment to proceed without the defendant present.
Despite a headline on the front page of the Fri., Apr. 10 edition of the Keys Citizen claiming Tolan was a no-show, court procedure did not require his attendance. The waiver, filed in advance, formally entered his plea and excused him from appearing in person. The report was later corrected on the publication’s website at about 10 a.m. Friday.
The case stems from an incident earlier this year at Bayview Park, where authorities say Tolan shot a free-roaming rooster, an animal protected under a long-standing Key West ordinance.
Police said Tolan turned himself in several hours after the story went viral, causing a storm on social media and following the early morning issuance of an arrest warrant charging him with felony animal cruelty. He was held on a $25,000 bond before being released.
Rooster Shooting Near Bayview Park Sparks Outrage, Arrest Warrant Issued
KEY WEST, Fla. — A man is under scrutiny after a video circulated on social media early Friday morning appeared to show him moments after a rooster was shot and wounded near Bayview Park, with author…
The arrest came after a witness-recorded video circulated widely on social media, showing a man identified as Tolan walking away from a wounded rooster while holding what appeared to be a rifle. The bird is seen on the ground moving erratically with visible injuries.
Authorities have not confirmed the type of weapon used, though it may have been an airgun or a .22 caliber rifle using subsonic ammunition, both commonly associated with pest control. Regardless, the discharge of any weapon within city limits — particularly in areas such as Bayview Park, considered a gun-free zone — could expose Tolan to additional charges.
A witness told officers the suspect walked through a nearby neighborhood carrying the weapon after the shooting and was identified by another individual as Tolan. Investigators also received reports that chickens roosting in trees may have been targeted during predawn hours.
Officers moved quickly to investigate, obtaining an arrest warrant within hours.
Authorities have not said whether the rooster was feral or owned, though both are protected under a 2004 city ordinance safeguarding birds within Key West.
With the not guilty plea entered, the case now moves into the pretrial phase, where attorneys are expected to address discovery, motions and potential evidentiary issues. The investigation remains ongoing.
Tolan’s next hearing before Jones is a pre-trial conference set for May 28, 2026 at 9 a.m. with a tentative trial set to begin on July 6 at 8:45 a.m.
This is an evolving story. Watch this space.