Cibola man charged with rustling

By Tom Purdom
Staff Writer

GRANTS — In an event right out of the old West, a 53-year-old Cibola County man was indicted by a grand jury for cattle rustling and unlawfully branding cattle.

James R. Smith was indicted by the Cibola County Grand Jury on charges of cattle larceny and unlawful branding.

According to the grand jury indictment, Smith allegedly rustled 10 head of cattle from the Tinaja Ranch on June 6, 2004, and on the same day, reportedly branded the cattle.

The grand jury indictment states the cattle were taken from the Tinaja Ranch.

Back in the days when cattle rustling laws were first enacted in the 1880s, stealing someone else's cattle was a hanging offense.

Times have changed and so has the punishment. Cattle rustling, called larceny of cattle in the law books, is a third degree felony and unlawful branding is a fourth degree felony. Smith faces up to three years in prison for the larceny of cattle charge and up to one and one-half years in prison for the unlawful branding charge, if convicted and sentenced to the maximum amount of prison time allowed by the law. Beside the four and one-half years in prison, he also faces up to $10,000 in fines.

Fighting rustlers
Caren Cowan, executive director of the New Mexico Cattle Growers' Association in Albuquerque, said cattle rustling is much more prevalent in New Mexico than many people think. "I think the only reason we don't have more (cases) is because of the New Mexico Livestock Board," Cowan said. "It is one of the strongest boards in the United States."

On the front lines against cattle rustling in New Mexico is Cliff Mascarenas, deputy director of the New Mexico Livestock Board, a state agency located in Santa Fe. Mascarenas is also a certified livestock investigator. His job is to investigate not only cattle rustling, but also other crimes involving livestock in New Mexico. On Monday he was in Taos investigating a case of animal cruelty.

"We have cases of cattle rustling yearly," Mascarenas said.

A typical case unfolds when a rancher contacts the livestock board when he, or she, believes cattle are stolen. "Cattle growers watch their cattle," Mascarenas said. "They know how many they have and generally where they are at."

Once the call is made, an investigator begins work. The ranching area is scoured to cough up any useable clue and sometimes one clue will lead right to the front door of another clue. Proving cattle rustling went on, though, is a hard case to prove, Mascarenas said.

If just one cow is taken, chances are it is a case of someone trying to get some easy food. But several cattle mean money, and many times, big money.

A check with a cattle auction barn in Catron County showed that a grown cow will bring up to $800 in an auction. The cattle taken from the Tinaja Ranch represent about an $8,000 loss.

Cowan said when the cattle market rises, so does the cases of cattle rustling.

Mascarenas, meanwhile, said that the first part of 2005 saw a slight increase in the number of cattle theft cases. "Now, it has tapered off," Mascarenas said.

In other matters:

• Lloyd Charles Lopez, 39, of Cibola County, was indicted on a charge of fraud over $2,500, a third degree felony. The indictment states that on Aug. 31, 2004, Lopez took more than $2,500 worth of jewelry from Freeman Lusk. Lopez faces up to three years in prison and/or a $5,000 fine.
  
  
• John House, 20, of Grants, was indicted on charges of attempt to commit a felony (burglary of a dwelling house), a fourth degree felony, and criminal damage to property ($1,000 or less), a petty misdemeanor. The indictment states the alleged attempted burglary happened on Sept. 19, 2004. House faces up to two years behind bars and/or $5,500 in fines.