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Case ID: 7194
Classification: Neglect / Abandonment
Animal: cow
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Livestock neglect
Aberdeen, SD (US)

Incident Date: Friday, Oct 28, 2005
County: Brown

Disposition: Dismissed

Person of Interest: James P. Fettig

A judge has dismissed charges against a rural Aberdeen man accused of neglecting his livestock.

James P. Fettig, 48, was charged with two misdemeanor counts of inhumane treatment or cruelty to animals. Each charge carried a maximum sentence of a year in jail and a $1,000 fine.

Circuit Judge Larry Lovrien ruled Wednesday the deaths were accidental and said prosecutors did not have probable cause to charge Fettig.

An anonymous caller contacted Brown County authorities on Oct. 28, 2005, and said livestock in one of Fettig's fields did not have water.

When a Brown County sheriff's deputy responded, he found 13 head of cattle stuck in a muddy stock dam. Seven of the animals died. The deputy later testified there was little if any water in the dugout.

Fettig's lawyer, Vic Fischbach, said another water source was available to the cattle in the pasture.

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