It’s not even safe out in the streets of Malibu, California for pelicans anymore. You know pelicans the bird that doubled as toilets on The Flintstones.

Here’s where it gets bad it was done by a homeless person. Sergio Alvarez, 30, told the police that originally found the bird already dead, then he turned around and allegedly admitted that he had killed the pelican because he was hungry and hadn’t been able to catch any fish. So as a homeless man he couldn’t hustle up any change and get a McDouble.

Now check this out a witness just passing by told the sheriff’s deputy that he had spotted a man choking a pelican. Witnesses said Alvarez had his hands around the bird’s throat, and that the animal was flapping its wings in distress before going completely limp (oh no the bird couldn’t had been in distress this was just Avian Auto-Erotic Asphyxiation –that choking/hanging yourself while you get off…sexually)

Alvarez was arrested and booked on $20,000 bail, which I strongly doubt he posted. Alvarez pleaded no contest to a misdemeanor charge of of animal cruelty to a bird, and was sentenced to 60 days in jail and one year’s probation. While brown pelicans are no longer considered an endangered, they are a fully protected species in California.

Our condolences go out to the family of that pelican. The bird was just trying enjoy a nice night on the beach he had NO IDEA he was gonna become LUNCH.