I own a small ranch in another Texas county. Three of my cows were pregnant at the same time, but one had a difficult and expensive pregnancy. Both she and her unborn calf died. Several weeks later the two remaining cows each gave birth.
I was surprised when a neighboring rancher immediately informed my foreman that my newborn calves were sired by his bull and that he aimed to take possession of them as soon as they were big enough to leave their mothers. (I do not own a bull; however, another rancher did graze his cattle on my ranch at the time my calves were conceived. I wanted a DNA test.)
Fearing a neighborhood rift, I e-mailed the Chief Deputy Sheriff and asked him to speak with my neighbor and inform him what civil steps would need to be taken to claim ownership. The Chief Deputy did not respond, so I drove to his office. I arrived around 5:20 p.m. and was told by the dispatcher that the office closes at 5 p.m. I left a message with the dispatcher, requesting she inform him to call me and leaving my telephone number.
I e-mailed the Chief Deputy that night and again expressed concerns that I feared for the safety of my calves. Again, after three attempts to receive assistance, I was ignored.
I instructed my foreman to inform my neighbor he would need to settle the matter in court, that I would consider his intrusion upon my property as trespassing, and that tampering with my cattle would be akin to rustling. My foreman rebuffed this neighbor initially and again several months later when he was approached by this neighbor.
Just as I feared, my neighbor paid several individuals to cut my fence and steal my calves. My foreman notified the Sheriff's Department and me immediately. However, a squadron of Sheriff's Department officers refused to force my neighbor to return my calves.
They told me I would need to go to court to determine who was the rightful owner. I believe the law requires my calves be returned first while the thief--should he desire--pursues legal remedy.
The Sheriff's Department attempted to appease me by stating they were temporarily allowing my neighbor to "hold" my calves. I believe this self-help was illegal and the Sheriff's Department should have immediately forced my neighbor to return my calves. Then, I believe the matter should have been heard in court if my neighbor still wanted to claim ownership.
I was sickened my calves were not with their mothers (who refused to eat and moaned for days), and I could not sleep at all that night. I was outraged to learn my calves were sold at a Navasota auction the very next day!!!
Although the Chief Deputy pledged to do everything possible to get my calves returned to me, he shifted the case to an investigator. My foreman asked around, discovered who had cut my fence, and arranged for these criminals to meet with the investigator and take him to the point where they cut my fence and removed my calves.
The investigator said my stolen calves would be tracked through the auction, and the auction would refund money to the unwitting buyer(s). The thieves would be forced to make restitution to the auction.
The investigator said the District Attorney reviewed the evidence initially and instructed the Sheriff's Department to ensure my calves were immediately returned. However, when he was told they had already been sold, the investigator has now been told he has no "authority" to locate my calves and return them to me.
My property is enclosed by five strands of barbed wires, and "No Trespassing" signs are affixed strategically. In addition, several times my foreman told the neighbor not to attempt to take my calves. Yet, the Sheriff's Department says it cannot file trespassing charges against my neighbor because he has to be warned by it first. Then, and only then, if the thief trespasses, again could he be arrested.
I have never heard of the courtesy "Get Out of Jail Free" for first-time trespassers and am outraged that more than two months later, my calves are still gone (perhaps Sunday veal dinner for a veracious appetite) and no arrests have been made. I am particularly angered that my property was not protected despite my warnings.
I originally believed the FBI might me able to assist under the Color of Law statute, Title 42, U.S.C., Section 14141. However, my U.S. Representative's office liaison says the Texas Rangers should be contacted. However, my State Representative says the Attorney General should be able to investigate what I believe to be official oppression.
A lawyer/friend, in another state and not licensed to practice in Texas, suggests I file a civil rights lawsuit under 42 U.S.C. Sec. 1983. I have contacted the Commissioners Court and County Judge to allow them an opportunity to act (even though I realize the Commissioners have no administrative control over the Sheriff).
How can I get my calves back? How can I get the criminals prosecuted? How can I have the Sheriff's Department investigated? (The main officer who refused to force the thief to return my calves that night mysteriously resigned the next morning.)
Also, can I sue the Sheriff's Department? My probate attorney told me the Sheriff is well-liked and a personal friend to many, including himself
The books have just been closed on a much-celebrated case where a memorabilia owner broke the law, allegedly to retrieve what he believed was his. He sits rotting in prison now, where all overzealous self-appointed law enforcers should stay.
I have been grievously wronged and need help.
I was surprised when a neighboring rancher immediately informed my foreman that my newborn calves were sired by his bull and that he aimed to take possession of them as soon as they were big enough to leave their mothers. (I do not own a bull; however, another rancher did graze his cattle on my ranch at the time my calves were conceived. I wanted a DNA test.)
Fearing a neighborhood rift, I e-mailed the Chief Deputy Sheriff and asked him to speak with my neighbor and inform him what civil steps would need to be taken to claim ownership. The Chief Deputy did not respond, so I drove to his office. I arrived around 5:20 p.m. and was told by the dispatcher that the office closes at 5 p.m. I left a message with the dispatcher, requesting she inform him to call me and leaving my telephone number.
I e-mailed the Chief Deputy that night and again expressed concerns that I feared for the safety of my calves. Again, after three attempts to receive assistance, I was ignored.
I instructed my foreman to inform my neighbor he would need to settle the matter in court, that I would consider his intrusion upon my property as trespassing, and that tampering with my cattle would be akin to rustling. My foreman rebuffed this neighbor initially and again several months later when he was approached by this neighbor.
Just as I feared, my neighbor paid several individuals to cut my fence and steal my calves. My foreman notified the Sheriff's Department and me immediately. However, a squadron of Sheriff's Department officers refused to force my neighbor to return my calves.
They told me I would need to go to court to determine who was the rightful owner. I believe the law requires my calves be returned first while the thief--should he desire--pursues legal remedy.
The Sheriff's Department attempted to appease me by stating they were temporarily allowing my neighbor to "hold" my calves. I believe this self-help was illegal and the Sheriff's Department should have immediately forced my neighbor to return my calves. Then, I believe the matter should have been heard in court if my neighbor still wanted to claim ownership.
I was sickened my calves were not with their mothers (who refused to eat and moaned for days), and I could not sleep at all that night. I was outraged to learn my calves were sold at a Navasota auction the very next day!!!
Although the Chief Deputy pledged to do everything possible to get my calves returned to me, he shifted the case to an investigator. My foreman asked around, discovered who had cut my fence, and arranged for these criminals to meet with the investigator and take him to the point where they cut my fence and removed my calves.
The investigator said my stolen calves would be tracked through the auction, and the auction would refund money to the unwitting buyer(s). The thieves would be forced to make restitution to the auction.
The investigator said the District Attorney reviewed the evidence initially and instructed the Sheriff's Department to ensure my calves were immediately returned. However, when he was told they had already been sold, the investigator has now been told he has no "authority" to locate my calves and return them to me.
My property is enclosed by five strands of barbed wires, and "No Trespassing" signs are affixed strategically. In addition, several times my foreman told the neighbor not to attempt to take my calves. Yet, the Sheriff's Department says it cannot file trespassing charges against my neighbor because he has to be warned by it first. Then, and only then, if the thief trespasses, again could he be arrested.
I have never heard of the courtesy "Get Out of Jail Free" for first-time trespassers and am outraged that more than two months later, my calves are still gone (perhaps Sunday veal dinner for a veracious appetite) and no arrests have been made. I am particularly angered that my property was not protected despite my warnings.
I originally believed the FBI might me able to assist under the Color of Law statute, Title 42, U.S.C., Section 14141. However, my U.S. Representative's office liaison says the Texas Rangers should be contacted. However, my State Representative says the Attorney General should be able to investigate what I believe to be official oppression.
A lawyer/friend, in another state and not licensed to practice in Texas, suggests I file a civil rights lawsuit under 42 U.S.C. Sec. 1983. I have contacted the Commissioners Court and County Judge to allow them an opportunity to act (even though I realize the Commissioners have no administrative control over the Sheriff).
How can I get my calves back? How can I get the criminals prosecuted? How can I have the Sheriff's Department investigated? (The main officer who refused to force the thief to return my calves that night mysteriously resigned the next morning.)
Also, can I sue the Sheriff's Department? My probate attorney told me the Sheriff is well-liked and a personal friend to many, including himself
The books have just been closed on a much-celebrated case where a memorabilia owner broke the law, allegedly to retrieve what he believed was his. He sits rotting in prison now, where all overzealous self-appointed law enforcers should stay.
I have been grievously wronged and need help.
