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Boyd County man convicted of animal cruelty in Holt County

A Butte man was convicted in Holt County district court last week of animal cruelty, after he failed to properly care for two herds of cattle.

Jeffrey K. Reiser, 48, pleaded no contest when he faced the Honorable Mark Kozisec in the O’Neill courtroom April 17, was found guilty by Kozisec and was fined $1,000 on each of six Class 1 misdemeanor counts of cruel neglect of animals in January and February. He was also ordered to pay $87 costs of prosecution.

About 400 head of black and red cows were seized Feb. 9 by chief Holt County deputy Ed Nordby after a search warrant was obtained and determination was made that the animals had been abandoned or cruelly neglected or mistreated, according to a civil complaint filed by Holt County attorney Brent Kelly.

Kelly told SAM, “After failing to provide feed and water for two herds of cattle in Holt County, despite warnings from myself and law enforcement, the sheriff’s office and I sought a court order to allow us to seize and sell both herds.”

Kelly filed a motion Feb. 15, requesting an order defining disposition and costs for care of the seized animals that were placed under the care of, and subsequently sold through, Shamrock Livestock Market in O’Neill.

Reiser, through his attorney, Ron Temple of Norfolk, answered the complaint March 15, denying the allegations and claiming the animals were neither abandoned nor mistreated. “And, even if some animals were in less-than-ideal condition, the remainder of the animals do not fall within purview of the Livestock Animal Welfare Act.”

He further claimed sale of the livestock was unnecessary and requested the complaint be dismissed.

On March 22, Kozisec ordered the livestock returned to Reiser, conditioned on his posting $225,000 bond before March 31, to secure costs for feeding and care of the animals up until that date and estimated costs until the cattle were put out to grass. Further conditions allowed county law enforcement to inspect the cattle on a weekly basis and payment of any costs incurred for veterinarian services.

Kelly filed a motion March 27, asking for amendment of the order to provide for sale of the cattle if Reiser failed to post the bond or, if posted and cattle returned to him, allowing for immediate confiscation and immediate sale without further order of the court, if they were not being properly cared for.

On April 3, Kozisec signed order providing for sale of the livestock.

An April 10 disbursement order, following sale of the livestock for $469,604.40, provided:

• $169,848.44 to Shamrock Livestock Market for animal care;

• Trucking expense - $1,400 to Dan Drueke; $450 to Tate Larson; $600 to John Dykshork; $450 to Shane Carson; $450 to Brandon Kalkowski; and $1,250 to Todd Drueke;

• $5,772.50 to O’Neill Veterinary Clinic for vet expenses; and

• $289,383.46 balance to Jeff Reiser and Farm Credit Services of America.

“We take those cases seriously, both for the benefit of the animals and for the beef industry in general,” Kelly said. “In order to protect Mr. Reiner’s constitutional rights, all of our actions were pre-approved by a judge.”

 

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