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News & Commentary: Alan Burkhart
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A Nightmare in the Old West
September 18, 2006 09:00 AM EST

If you're a regular reader of my column, you may be familiar with the ongoing plight of my good friend, Kent Knudson. There are new developments in the case and I hope you'll take a moment to read about them. Kent is slowly gaining support in his fight, and that support is coming from both sides of the political fence.

For those unfamiliar with the situation, here's the short version: When the incident occurred, Kent lived in Snowflake, Arizona. Until she passed away recently, he had cared for his elderly mother, who was an Alzheimer's patient.

In 2003, Mrs. Knudson suffered a stroke and Kent had to rush her to the hospital. In his haste, he left the gate to his property open. When he returned several days later, approximately 40 head of cattle belonging to rancher Dee Johnson had entered his property. His lawn and garden were destroyed and a sewer line had been broken. After numerous calls to the rancher and unsuccessful attempts at getting the cattle to leave, Kent fired a .22 caliber rifle in the air to frighten them out of his yard.

Whether the bullet ricocheted and hit the cow is unknown, but one of the cows fell over dead in his yard. I personally find it highly unlikely that an animal weighing half a ton could be killed by a random shot from such a small firearm. Nevertheless, the cow was quite dead.

Arizona is a free range state, meaning that cattle may roam freely in and out of their owner's property. Fences are not required. Hit a cow with your car? You're liable for the cost of the cow. I've come close on a couple of occasions to smashing into a cow on a dark Arizona road. If I should die in such a crash, my estate would be liable for the price of the cow. The ranchers in Arizona have very little responsibility in this regard. And the powers-that-be in Arizona plan to make an example out of Kent Knudson.

Recent Events…

After spending over $40,000 on legal defense, Kent was convicted a few days ago. His sentencing is scheduled for September 25th. For defending his property, Kent could face up to one and half years in a state prison. It’s worth noting here that due to existing fences between his property and that of rancher Dee Johnson, it would be impossible for the cows to reach his gate without a fence being cut or knocked down. And according to Kent, the ballistics test of the bullet in the cow didn’t match his gun. Kent also has bigger guns than the .22. Had he sincerely wished to kill the cow, he had multiple options for weapons.

In court, an obviously biased judged tossed out almost all of the evidence that could have worked in Kent's favor. No mention of the cut fence on an adjacent property (that allowed the cattle to reach Kent’s property) was permitted. The fact that Kent made repeated attempts to get the owner of the cattle to come and collect them was deemed insignificant.

I'm not an attorney, but my guess is that his only chance of beating this insanity will be during the appeals process. As long as this biased judge holds sway over the proceedings, he has no chance. This is a classic example of how well-connected people with power and wealth can adversely affect the lives of others.

Kent and I disagree on almost everything political, but he is a good and decent human being and is undeserving of the misery being visited upon him. This sort of thing can happen to anyone, including you or me. And it'll keep happening until people stand up and demand change. Our property rights are fundamental to our freedom as Americans. There are too many instances in which those rights are trampled--either by unscrupulous developers, or as in Kent’s case, by an irresponsible rancher, outdated laws, and a corrupt judge.

Space doesn’t permit it here, but Kent periodically sends out a mailing with updates of his situation. The most recent one, along with his contact information, is posted with this article on my blog with his permission. The link is listed below.

Related Reading:

Blog post with Kent’s mailing

Cow shooting sparks debate over remnant of Old West: open-range laws

Holy Cows?

Coddled Cattle Still Free, People Get Caged in Arizona

 




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