Cattle Rustling investigation Continue

Hastings attorney, T. Charles James, Hastings attorney representing Austin A. Petr, 27, of rural Blue Hill filed a motion to suppress evidence on Jan. 8 in a case of cattle rustling.

Petr faces a charge of theft by unlawful taking, value more than $5,000, which is a Class 2A felony punishable by up to 20 years in prison.

The single witness heard Monday was George Horton, chief investigator for the Nebraska Brand Commission. His cross-examination was cut short and will continue at the March hearing.

Horton testified that he was called by the Webster County Sheriff’s Office on Jan. 13, 2017, about a report of cattle being stolen.

He later received a call indicating the cattle had been possibly located at the Sutton Livestock auction barn at Sutton.

Horton testified on cross-examination that he saw it as a criminal investigation When he went to the barn to investigate

Petr had called the Sutton Livestock barn earlier and consigned 70 head of cattle to be sold.  Horton testified he found 30 unbranded calves mingled with 40 head of branded cattle owned by Petr. 

Of the 30 head of unbranded cattle mingled with Petr's branded cattle, 27 were shown by DNA to belong to Alan Johnson of Blue Hill. Johnson found the cattle missing when he went to his farm around 7:30 am and immediately reported  the theft  He had last seen the cattle at 5:30 the previous evening...

Johnson was alerted by friends that his cattle were at the Sutton Sale Barn and went there. He told Horton that he could identify his unbranded calves.

Horton testified that he and a deputy sheriff took Petr into a small store room during the investigation to talk to him.  He said Petr's Miranda rights were not read to him because he wasn't under arrest..

In his suppression motion, James argues that the questioning of Petr amounts to custodial interrogation and Petr should have had his Miranda rights read to him and that law enforcement officers unlawfully seized the unbranded cattle and conducted a warrantless search to obtain hair samples used for DNA testing..

Horton testified that he impounded the 30 head of unbranded cattle and had a veterinarian collect the samples for testing. The samples were compared to Johnson’s herd, and 27 of the cattle matched.

Horton’s cross-examination will continue on March 12 at 3 p.m.

 A pretrial hearing in another case has been set for March 14.  Petr also faces seven counts of prohibited sale of livestock In Clay County District Court as well as a Class 3 felony punishable by up to four years in prison and a $25,000 fine. He pleaded not guilty to those charges on Sept. 13, 2017.