Attorneys/Judges
| Prosecutor(s): | Daniel Werner | | Defense(s): | Julie Effenbeck |
Cattle neglect at dairy farm - 80 seized
Hallam, NE (US)Incident Date: Monday, Sep 22, 2008
County: Lancaster
Charges: Misdemeanor
Disposition: Convicted
Defendant/Suspect: Rex DeFrain
Fairbury farmer Rex DeFrain pleaded no contest at the Jefferson County courthouse Monday to animal abuse charges.
County officials filed two felony complaints against him last month and removed about 80 dairy cattle from his farm north of Fairbury. According to prosecution documents, DeFrain did "intentionally, knowingly or recklessly abandon or cruelly neglect an animal resulting in serious injury or illness or death."
The charges were reduced to misdemeanor grade Monday [Oct 20, 2008], making the maximum sentence one year behind bars or a $1,000 fine or both.
Court action is the most recent outgrowth of the closing of the Legacy Dairy processing plant in Hallam this past summer.
DeFrain and fellow dairyman and business partner Jerry Bond of Avoca opened the plant two years ago to pasteurize and bottle milk and sell it in several flavors in Lincoln and area stores.
In a recent interview, DeFrain cited several factors in the dairy's demise, including an inability to acquire milk from outside sources to help meet product demand. More recently, he acknowledged the deaths of as many as six cattle on his property, but said the deaths were not the results of starvation.
County Attorney Linda Bauer said many of the other cattle removed from the property were "near death."
DeFrain was unavailable for comment Monday. Public Defender Julie Effenbeck, who represented him at the Monday arraignment, declined comment.
Special Prosecutor Daniel Werner of Hebron, assigned to those duties because Bauer declared a conflict of interest, said he was satisfied with Monday's misdemeanor outcome.
"I don't expect that he would have gone to jail for consecutive 2-5 year terms on a felony," Werner said.
As he sees it, "if we can get an agreement and a plea to give power to a judge to do what he would otherwise do," that amounts to justice served.
Sentencing is set for Dec. 15 at 1 p.m. References
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