2004 News Releases

Kimball County Man Waives Preliminary Hearing

Alliance, NE December 17, 2004— On Tuesday, December 14, 2004 in Kimball County Court, Byron Wilke of Kimball, NE waived his preliminary hearing and was bound over to district court in Kimball County on three Class III Felony counts of Theft by Deception, a violation of Nebraska Statute 28-512(A).

Allegedly, from November 5, 2003 through February 18, 2004, Byron Wilke obtained property from Jerry Gregory of Kimball, by creating or reinforcing a false impression, including false impression of law, value, intention, or other state of mind, and thereby leading to two wire transfers from Jerry Gregory totaling $227,693.98 to Alliance Cattle Company, Delphos, KS and an additional $3,941.00 paid directly to Byron Wilke. This involved the purchase of an alleged 436 head of cattle by Jerry Gregory from Byron Wilke. Court records indicate that these cattle never existed. If found guilty, a Class III Felony carries a maximum sentence of 25 years in prison, a $25,000.00 fine and/or both.

This case was investigated by the Nebraska Brand Committee and the Kimball County Sheriff’s Office.

Litchfield Man Sentenced in Cattle Theft

Alliance, Nebraska, November 22, 2004 - On November 19, 2004, Sherman County District Judge Ronald Oberding sentenced Scott C. Adams of Litchfield, Nebraska to four years probation on two Class III Felony counts of Branding Livestock of Another With the Intent to Deprive, four years probation on one Class III Felony count of Felony Theft, two years probation on one count of Misdemeanor Theft. The probation was ordered to be served concurrently. Also, Scott Adams was sentenced to ninety days in Valley County jail at the beginning of his probationary period and an additional ninety days at the end, but will be suspended upon successful completion of his probation. Mr. Adams was ordered to pay restitution to the victims in the amount of $1,422.00, court fees, county fees and probation fees totaling $2,584.00 and an additional $25.00 per month probation fee for the four year term of his probation.

Scott Adams was convicted by jury in Sherman County District County on September 24, 2004 for willfully and knowingly, brand, mark or cause to be branded or marked on or about September 28, 2003, one miniature black Angus bull belonging to Allen Kelley of Litchfield, NE, with the intent to deprive, a Class III Felony. On or about the same date, he branded or marked a Charolais calf belonging to Frank Meier of Elm Creek, NE. Also, Scott Adams was found guilty on two counts of theft by taking or exercising control over, movable property of another with the intent to deprive him or her thereof in conjunction with the Angus bull and Charolais calf. Brand, tags, marks, as well as DNA evidence were utilized to prove the State's case.

This case was investigated by the Sherman County Sheriff's Office and the Nebraska Brand Committee.

Rock County Man Charged in Cattle Case

Alliance, NE, November 19, 2004— On November 18, 2004, Rock County Court Judge Alan Brodbeck bound Larry Carlson of Bassett, Nebraska over to Rock County District Court on one Class III Felony count of "Selling Cattle Without Bill of Sale or Power of Attorney" from the owner of cattle, a violation of the Livestock Brand Act, Nebraska Statute 54-1,123.

Allegedly, on October 24, 2001 Sandhills Cattle Feeding, Larry Carlson, shipped one load of fat cattle owned by James Deutsch of White River, South Dakota to Intermountain Meats in Caldwell, Idaho. The cattle were brand inspected for shipment by a Nebraska Brand Inspector, who determined by the brands on the cattle and the evidence of ownership offered that James Deutsch was the rightful seller and completed a Nebraska Local Inspection Certificate accordingly. However, the proceeds check for the cattle was drafted contrary to the inspection certificate and the proceeds were paid to Sandhills Cattle Feeding Inc. Allegedly, the proceeds of said cattle were subsequently deposited into a Sandhills Cattle Feeding bank account. James Deutsch claims that he, to date, has not been paid for the one load of fat cattle and one additional load of cattle that were shipped to Con Agra, currently, Swift & Co. at Grand Island, Nebraska. At the time of sale the eighty-one head of cattle involved were valued at $60,191.91.

This case was investigated by a Nebraska Brand Committee Criminal Investigator, who is a Deputy State Sheriff who has the duty, responsibility and authority to enforce Nebraska’s Livestock Brand Act, which are statutes that pertain to brands, brand inspection, theft of livestock and associated livestock laws.

Preliminary Hearing Waived In Cattle Case

Alliance, NE , October 20, 2004— On October 19, 2004, Jeff Swertzic of Clarks, Nebraska waived his right to a preliminary hearing in Nance County Court and Judge Gerald Rouse bound him over to District Court on charges of selling or offering for sale or trade or otherwise disposed of livestock without having a bill of sale, a power of attorney from the owner of such livestock authorizing such sale or other satisfactory evidence of ownership a Class III Felony violation of Nebraska’s Livestock Brand Act, Statute 54-1,123.

According to court records, on May 17, 2004, a criminal investigator for the Nebraska Brand Committee received information from both a Buffalo County brand inspector and a Greeley County brand inspector that they had received telephone calls from people who had attended the livestock sale in Fullerton, Nebraska, located in Nance County, on that day and were reporting a bull being sold that was branded with a brand recorded to Charles Remington of Monarch, Montana. On November 25, 2003 Mr. Remington had filed a missing report with the Nebraska Brand Committee involving the loss of thirty-five cows and six bulls.

According to Fullerton Livestock Market seller’s invoice, Ron Swertzic allegedly sold three black bulls and one Charolais bull on May 17, 2004. The invoice indicated that one black bull weighing sixteen-hundred and thirty-five pounds was sold for one-thousand-thirty four dollars and fourteen cents. The following day, the black bull in question was brand inspected for brands, marks and any other identifying characteristics by a Brand Committee criminal investigator and it was determined that this bull was branded with a "M" inside a "box" on the left hip. This brand is properly Nebraska recorded to Remington. This bull was also branded with a "HY" brand on the right rib. Remington was contacted and he advised that he had not sold a black bull to Mr. Swertzic. Charles Remington provided authorities with a Montana brand inspection certificate to evidence his purchase of said bull in Montana.

This bull was not brand inspected for ownership at the time of sale at the auction market in Fullerton, as Nance County is located in the non-brand inspection area of Nebraska. Due to interested parties willing to get involved, as well as the victims practice of properly branding his cattle with a properly recorded Nebraska brand and the proper brand inspection documents obtained to assist in determining evidence of ownership, investigators were able to refer this investigation to the Nance County prosecutor.

This case was investigated by the Nebraska Brand Committee in cooperation with the Nance County Sheriff’s Office. Nebraska Brand Committee criminal investigators, who are deputy state sheriffs, are responsible and have the authority to enforce all state statutes pertaining to brands, brand inspections and associated laws, as well as investigation of all problems associated with brands, brand inspection, and associated livestock enforcement problems in the state of Nebraska.