(Stillwater, Okla.) — An admitted cattle thief who said he stole 10 black calves in Kansas that were found at 1200 S. Kings Highway in Cushing, along with a stolen Caterpillar brush hog and a stolen 24-foot Titan stock trailer, has been given a seven-year prison term followed by three years of probation by Payne County Associate District Judge Stephen Kistler.
Bryan Ray Case, 39, of Johnson, Kansas, who was sentenced on his Payne County charges last month, had already been given a seven-year prison term two months ago in Lincoln County for engaging in a pattern of criminal offenses and receiving stolen construction or farm equipment, court records show.
Case was ordered to pay $2,732 restitution on his Lincoln County charges; however, the prosecution and defense could not agree on the amount of restitution he owes on his Payne County charges, so the judge scheduled a restitution hearing for Feb. 13, 2015, court records show.
After Case has served his prison terms, which run concurrently, Case will be on probation for three years in Payne County and 13 years in Lincoln County, court records show.
Case came under investigation after Oklahoma Department of Agriculture, Food and Forestry Special Agent Eddie Virden received information “that an individual in Payne County was possibly in possession of stolen cattle and a stolen Titan stock trailer,” according to an affidavit by Payne County Sheriff’s Deputy Joe Harper.
With Special Agent Paul Cornett, the officers went to 1200 S. Kings Highway in Cushing where they tried to contact Kelly Roe, who was not there, the deputy wrote in his affidavit.
“We did speak to Kelly Roe’s father, Jim Roe, who gave us permission to inspect the cattle on his property and any other items we wanted to look at,” the deputy wrote in his affidavit.
“We then went to a round pen to the east of the residence on the same property and inspected several calves and found that approximately half of them had fresh brands covering up older brands.
“The calves also had holes in both ears indicating they had ear tags removed. We then went to a large red metal barn also located on the same property to the southeast of the residence and looked at a 24’ Titan stock trailer that had an altered serial number,” the deputy wrote in his affidavit.
“While looking at the stock trailer, we encountered three unidentified subjects that advised they were building fence for Kelly Roe. Special Agent Virden inquired who the equipment they were using belonged to. Bryan Case advised it was all rental equipment for building the fence,” the affidavit said.
“While looking at the trailer, we noticed several attachments for a skid steer type vehicle; they were a brush hog, a set of forks, a bucket, and an auger with an extra bit. We also located a black flatbed gooseneck trailer with missing VIN plates,” the affidavit said.
The next day, “Special Agent Virden contacted me and advised he would be in the area again with Chief Agent Jerry Flowers and asked me to go with them back to 1200 South Kings Highway to try and contact Kelly Roe again,” the deputy wrote in his affidavit.
“We made contact with Kelly Roe and upon a lengthy interview were advised that the man we were looking for who had sold him the cattle and trailer was Bryan Case,” the deputy wrote in his affidavit.
Kelly Roe gave the officers a phone number for Case, but said he did not know where he lived, the affidavit alleged.
The following day, Special Agent Virden contacted the deputy again and asked that he meet him back at 1200 S. Kings Highway to take possession of some confirmed stolen property, the affidavit alleged.
“Deputy Brandon Myers took a report from Vince Myers Welding of a stolen brush hog attachment and matched the serial numbers with the one located at 1200 S. Kings Highway,” the affidavit alleged.
“Upon my arrival, I was met by Special Agent Virden and Special Agent Dusty Goforth. I arrived in my personal vehicle and hooked onto the black flatbed trailer, and loaded all of the above listed skid steer type attachments,” the deputy wrote in his affidavit.
“With the permission of Jim Roe, the real estate owner, Special Agent Virden took possession of the equipment to be held at the Payne County Sheriff’s Maintenance until the items could have the serial numbers researched,” the affidavit said.
“Jim Roe advised Bryan Case brought the property to his land and since he did not know who the actual owner was he would give Special Agent Virden permission to take the property to do further investigation,” the affidavit alleged.
“Upon further investigation, it was determined that the above mentioned cattle were in fact stolen from Stafford County, Kansas, and the same suspect Bryan Case has been identified as storing stolen equipment in Lincoln County, Oklahoma,” the Payne County deputy wrote in his affidavit.
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