A Rancher Who Should Be out of Business

[Nemont]

Now this is the kind of guy who should not be allowed to own cows or even dogs for that matter. I am pro rancher nearly all the time but this guy really needs his head examinged.

Rancher arrested after woman dies in collision with loose steer

THE ASSOCIATED PRESS

LOGAN, Utah -- A 69-year-old rancher who authorities allege habitually lets his cattle run loose was arrested for manslaughter after an Auburn, Wash., woman was killed in an accident involving one of his steers, police said.

Darrell Kunzler of Benson was arrested Monday, according to the Utah High Patrol. The charges were filed after Kimberly Johnson was killed Nov. 27 when her vehicle collided with one of Kunzler's Black Angus steers on State Road 30, or Valley View Highway.

According to an arrest warrant, Kunzler has demonstrated a 30-year pattern of failing to properly contain his livestock, despite repeated requests by law enforcement.

The warrant cites 31 police reports from the last four years regarding Kunzler's stray cattle, including five collisions involving cows that escaped from the field onto the highway.

"If there was one thing I wanted to emphasize, it's that this isn't a standard farmer or rancher stray-cattle problem," prosecutor Scott Wyatt of the Cache County Attorney's Office told The Herald Journal.



"It would have to be outrageous before we felt like it was appropriate to file charges like this. There have been a lot of cattle-car accidents in this valley, and none of those rise to a level of a crime. It's just when there's complete disregard."

Kunzler is charged with one count of criminal homicide-manslaughter in Johnson's death. He also faces five misdemeanor counts of reckless endangerment.

Johnson, a mother of six, had been driving westbound in her sedan around 1:15 a.m. when she struck the steer, which flipped up onto the roof of the vehicle and crushed her. She died instantly.

There are no street lights and a speed limit of 60 mph on that section of State Road 30, the warrant states. And there were no skid marks on the highway leading up to the point of impact, suggesting that Johnson never saw the black animal.

According to the warrant, there is only a ditch and no fence along the south side of Kunzler's field. And at the point of the field closest to the intersection, there is a gap between the ditch and the fence.

"We've been asking for a fence to be put there for years, and we've been asking for him to fix his fences for years, and compliance is usually little or none in what we request," Sgt. Rick Mayo of the Utah Highway Patrol said.

According to the warrant, Kunzler once made comments to two UHP troopers indicating a "complete disregard" for the danger posed by his stray cattle.

"He (Kunzler) said words to the effect, 'I don't care if my cows are hit by cars. I make more money claiming them on my insurance than selling them at the auction,'" the warrant states.

Kunzler exhibited a similar attitude after being called to the scene of the Nov. 27 incident, according to the warrant, acting and speaking as if he was "completely indifferent to both the death of Kimberly Johnson and his steer."

Two of the reckless endangerment charges against Kunzler involve Johnson's children, Tucker, 11, and Hailey, 14, who were not seriously injured in the accident. The third count involves a woman who drove upon the accident scene and hit the dead steer, which was lying in the road.

The fourth count involves a man who collided with one of Kunzler's cows Oct. 22, and the fifth for a man who hit a cow in November 2003. Those accidents also happened on State Road 30.

An unidentified woman who answered the phone at Kunzler's residence declined comment.

 

[ARCAT]

showing desregard for the victims is what got peterson the death penalty. this is apparently a real problem with this guy and I'd be suprised if the sheriff doesn't get sued as well for letting the problem go on for years.

 

[BuzzH]

This lawsuit is DOA...

OPEN RANGE LAW...end of story.

 

[Nemont]

Is there open range in Utah? Open range doesn't negate negligence. This guy was negligent in his "cattle operation". I bet this one will win out even with open range. Young kids with a dead mother because a rancher wouldn't take the time to protect his cattle or the users of the road.

Buzz want to bet a hunt on this one? I couldn't get ya to take the bet on Hillary running on the demo. ticket. How about this one? I bet it never goes to court and the insurance company or the cattlemen's association force a settlement without all the embarassing publicity. If it does go to trial I bet the rancher loses.

You pick what the bet is worth. It could be whiteys, mule deer, upland birds, waterfowl, speed goats, walleye or snipe.

Nemont

 

[BuzzH]

Nemont,

Last I checked Utah does have an open range law...which states pretty clearly that its not the responsibility of the landowner to fence his cattle in, but for everyone else to fence them out...

Dumb law, but its held up in court many, many, many times.

I agree with you that the Cattlemens association may bail him out or his insurance will pay to settle rather than risk litigation.

But, if the open range law applies, then I would think any decent attorney could win this one pretty handily...

 

[JoseCuervo]

Looks like you are both Wrong (and conversely, both Right), so I think you both owe me a hunt. I am thinking Buzz should take me Muley Hunting, and Nemont should sneak me onto RealTree's operation....

Auto-Livestock Collisions - Utah Legal Conventions
Ask: Are both sides of the road fenced? (This is usually part of investigating officer's report.)

Utah Code 47-2-2 "Open Range" defined. The term "open range" means all land not privately owned, and includes all roads, outside of private inclosures, used by the public, whether the same have been formally dedicated to the public or not.

Yes (open range) Past court history and tradition - auto owner pays for damage to car and cow - must yield to livestock in open range situation.

If different result is wanted, must be determined in civil court.

No (not open range) Refer to Utah Law 41-6-38 (livestock on highway). Note: Livestock on high-way. No presumption of negligence by owner. Must be proven in civil court. Usually resolved by insurance dealing with wrecked auto, and livestock owner dealing with injured cow.

41-6-38. Livestock on highway - Restrictions - Collision, action for damages.

(1) A person owning or in possession or control of any livestock may not willfully or negligently permit any of the livestock to stray or remain unaccompanied by a person in charge or control of the livestock upon a highway, both sides of which are adjoined by property which is separated from the highway by a fence, wall, hedge, sidewalk, curb, lawn, or building. This subsection does not apply to range stock drifting onto any highway in going to or returning from their accustomed ranges.

(2) A person may not drive any livestock upon, over, or across any highway during the period from half an hour after sunset to half an hour before sunrise, without keeping a sufficient number of herders with warning lights on continual duty to open the road to permit the passage of vehicles.

(3) In any civil action brought by the owner, operator, or occupant of a motor vehicle or by their personal representatives or assignees, or by the owner of the livestock for damages caused by collision with any domestic animal or animals on a highway, there is no presumption that the collision was due to negligence on behalf of the owner or the person in possession of livestock.

 

[1_pointer]

All three are wrong (or at least partially right) and all owe me trips!!!! I'll take upland birds from Nemont, whitetails from Buzz, and salmon/steelhead from 'Gunner!!!

While the law posted above does make the state of UT open range, the counties have the authority to close areas to that law.

 

[wyomingtim]

This is not a case involving negligence though. Any decent attorney would be able to prove that his actions were willful and wanton disregard for human life. That would result in fault with the rancher no matter what. No different that someone intentionally causing a stampede to crash through a campsite on open range and the result is a dead peron.

 

[Nemont]

Wyotim,

Thanks for the legal side of it. Now can you sort out who owes who a hunt, I think it is a draw because none of us had it 100% right. Give us a legal opinion.

Thanks

Nemont

 

[wyomingtim]

How bout everyone owes each other a hunt? Of course, if I get my 1/3 from each, I should have 1 1/3 hunts. But I will give a discount since you are such great guys and knock off that other 1/3. Where are we going?

 

[BuzzH]

On these hunts...Do I have to bring my own ATV?

 

[Nemont]

All hunts are BYOATV.

Nemont

 

[JoseCuervo]

That ain't gonna work very well on the Salmon/Steelhead.... As some of you guys are gonna sink them Arctic Cat 4x Terrain Destroyers, while I catch fish out of the back of the 22ft Jeatboat.....

 

[1_pointer]

Just like a lawyer to get his share!

'Gunner I won't sink, I've got plenty of floating mass!

 

[wyomingtim]

Heck, for the fish, just borrow some of that other guy's fireworks. he won't be needing them anymore. nothing like blasting for fish