Homeless Man Accused Of Choking Pelican

This is a tough one….animal cruelty or hunger???
Sergio Alvarez is currently being charged with one count of animal cruelty after witnesses saw the homeless man attacking a pelican.
The 30 year old had an unlucky day fishing in Malibu so grabbed and choked a pelican.
Alvarez wanted to eat the bird but police arrived before he could.
Thoughts? Do U think this deserves jail time…or a pass?