2005 News Releases

ROCK COUNTY MAN PLEADS GUILTY IN LIVESTOCK CASE

September 1, 2005 - Alliance, NE - On August 31, 2005 in Rock County District Court before Judge Ronald D. Olberding, Larry Carlson of Bassett, NE plead guilty to a reduced charge, a Class I Misdemeanor, "Attempted Use of False Documents." Sentencing is scheduled for September 28, 2005.

On November 18, 2004, Rock County Judge Alan Brodbeck bound Larry Carlson over to Rock County District Court on one Class III Felony count of "Selling Cattle Without Bill of Sale or Power Attorney" from the owner of cattle.

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 proceeds check for the cattle was drafted contrary to the ownership inspection certificates and were paid out to Sandhills Cattle Feeding Inc. Additionally, James Deutsch alleged that he had not been paid for another load of fat cattle shipped to Con Agra, currently Swift & Co. of Grand Island, NE. As part of the plea agreement Larry Carlson paid James Deutsch restitution in the amount of $60,000.00.

This case was investigated by Nebraska Brand Committee Criminal Investigators, who are Deputy State Sheriffs, given the statutory duty, responsibility and authority for the enforcement of the Livestock Brand Act, which pertains to brands, brand inspection, and associated laws.

UPDATE - On 9/28/05 Rock County District Court Judge Ronald D. Olberding sentenced Larry Carlson to 30 days in Rock County jail with work release, two years probation to be served concurrently with two other 2-year terms of probation regarding insufficient fund checks, and was ordered to pay $204.39 in court costs.

KIMBALL COUNTY MAN SENTENCED IN CATTLE THEFT

August 2, 2005 - Alliance, NE - On Tuesday, August 2, 2005, in Kimball County District Court, Judge Kristine R. Cecava sentenced Byron Wilke, 38 of Kimball, NE to five to eight years in the Lincoln State Correctional Facility and ordered him to pay restitution to the victim.

On May 17, 2005, Byron Wilke pled guilty to one count of Theft by Deception, a Class III Felony. Court records indicate that Wilke arranged for Jerry Gregory of Kimball, NE to wire approximately $230,000 to Alliance Cattle Company in Kansas for the purchase of 436 head of cattle. The money actually went to pay Wilke's debt to the company.

This case was successfully prosecuted by Special Prosecuting Attorney Jean Rhodes of Bridgeport, NE following a criminal investigation by the Nebraska Brand Committee and the Kimball County Sheriff's office.

HOLT COUNTY MAN FOUND GUILTY

June 28, 2005 - Alliance, NE - On June 24, 2005, following a three day jury trial, Gordon Givens, 56 years of age of O'Neill, NE was found guilty in Holt County District Court on one count, "Selling or Otherwise Disposing Cattle Without Bill of Sale or Power of Attorney From the Owner Authorizing Such Sale or Other Satisfactory Evidence of Ownership." Court records indicate that Gordon Givens authorized the brand inspection of eighty-nine head of fat cattle, valued at $76,346.60 belonging to Jack Garrelts of Ayshire, IA and consigned the same on August 27, 2003 to Swift & Co., Grand Island, NE in the name of Givens Feedlot. Sentencing of Gordon Givens has been scheduled by visiting District Court Judge Ronald Olberding of Burwell, NE for July 27, 2005.

This case was investigated by Criminal Investigators of the Nebraska Brand Committee who have the duty and responsibility to enforce all state statutes pertaining to brands, brand inspection, livestock theft and associated livestock laws in Nebraska and are also responsible for the investigation of all problems associated with livestock enforcement issues.

UPDATE - On 9/26/05, Gordon Givens plead no contest to a reduced charge of "KNOWINGLY MISREPRESENTED OR MISUSED A CERTIFICATE OF INSPECTION OR OTHER SATISFACTORY EVIDENCE OF OWNERSHIP" a class 2 misdemeanor. The original charge was 'SELLING CATTLE WITHOUT BILL OF SALE OR POWER OF ATTORNEY FROM THE OWNER", a class 3 felony. Holt County Court District Judge Mark Kozisek accepted Mr. Givens plea and found him guilty of the charge. He then sentenced Mr. Givens to six months/183 days with a minimum time served of 126 days in the correctional facility in Lincoln, NE. This sentence was ordered to be served concurrently with an earlier Holt County sentence of one year. He was also ordered to pay costs of this action in the amount of $153.62 within sixty days of the time of his release.

INVESTIGATIONS & COURT CASES

On May 17, 2005, Byron Wilke, Kimball, NE, following a plea agreement pled guilty in Kimball County before District Judge Kristine Cecava to an amended charge of one Class III Felony of Theft by Deception. He was originally charged with three Class III Felonies of Theft By Deception asd was scheduled for jury trial on May 19, 2005. This stemmed from allegations that Wilke acquired $231,634.98 from Jerry Gregory on three different occasions to purchase 436 head of feeder cattle out of Kansas. Special Prosecutor Jean Rhodes gave statements to support the charges and Judge Cecava accepted Mr. Wilke's pleas of guilty and scheduled the sentencing hearing for August 2, 2005.

The Theft by Deception charge carries a penalty of a minimum of one year in prison or a maximum of twenty-five years in prison and a $25,000.00 fine or both. On May 17, 2005, Byron Wilke, Kimball, NE, following a plea agreement pled guilty in Kimball County before District Judge Kristine Cecava to an amended charge of one Class III Felony of Theft by Deception. He was originally charged with three Class III Felonies of Theft By Deception asd was scheduled for jury trial on May 19, 2005. This stemmed from allegations that Wilke acquired $231,634.98 from Jerry Gregory on three different occasions to purchase 436 head of feeder cattle out of Kansas.

Special Prosecutor Jean Rhodes gave statements to support the charges and Judge Cecava accepted Mr. Wilke's pleas of guilty and scheduled the sentencing hearing for August 2, 2005. The Theft by Deception charge carries a penalty of a minimum of one year in prison or a maximum of twenty-five years in prison and a $25,000.00 fine or both.