Value deemed relevant in cattle graffiti case

SUNDANCE (WNE) — A motion that would have prevented the jury from hearing the fair market value of the 189 cows and six bulls that Patrick Carroll allegedly marked with bleach has been dismissed. 

Carroll is accused of using bleach to paint markings, including drawings of penises, to bring his neighbor’s attention to the problem of broken fences that weren’t being fixed quickly enough. 

He faces a felony count of property destruction/defacement and a felony count of conspiracy to commit property destruction/defacement. 

Attorney Seth Schumacher filed a motion arguing that evidence of the fair market value is “irrelevant” because the “proper measure of damages” should be how much it would have cost to restore that value by restoring the cattle to their previous state. 

At a hearing on Thursday, Schumacher claimed that, to his knowledge, the state will be providing testimony on how much value the cattle lost after the defacement but is not planning to provide evidence of the cost to restore that value. 

Judge Matthew F.G. Castano asked how the state would be expected to present its case without this information. The statute in question requires that the cost of restoring the property – or replacing it if the restoration cost is greater than the value – must be above $1000 in order for the act to be a felony. 

“Doesn’t the state have to prove injury or damage before we even get to whether it’s a felony or not?” Castano asked. 

County Attorney Joe Baron, on behalf of the state, filed a response to this motion that said, “Limiting evidence of ‘value’ essentially dismisses the charges before trial.” 

The motion was denied. At this time, the case is still scheduled to proceed to jury trial.

This story was published on September 5, 2024.