Thursday, April 08, 2004

DIAMOND BAR CATTLE COMPANY

Rancher no longer behind bars

The Catron County rancher jailed since March 14 for assaulting federal officers was released Thursday from custody.

Kit Laney, 43, walked out of the federal building in Las Cruces shortly after 10 a.m. with his court-appointed custodian Bob Jones Sr.

“It feels real good to be out (of jail),” Laney said. “This is unquestionably the longest I’ve ever been indoors.”

Laney had been held without bond based on a federal magistrate’s concern he might return to his 121-year-old Diamond Bar ranch, where U.S. Forest Service officials alleged he assaulted them during the roundup and impoundment of Laney’s herd. Forest Service officers said the cattle were grazing illegally.

The conditions of Laney’s release confine him to a 10-mile radius of Jones’ Otero County ranch. He will wear an electronic monitoring device and must be in regular contact with his court-appointed public defender, Jane Greek.

“We weren’t even sure we’d get him out this morning,” said Jones’ son, Bob Jones Jr. “There were some last-minute things — paperwork — that needed to be looked at, but there is nothing that deprives him of his rights.”

Laney is to remain on the Jones ranch until his scheduled May 3 federal trial in Albuquerque.

“If Kit leaves we’re supposed to call the U.S. Marshal,” Jones Jr. said. “We didn’t put up any money, we just gave our word.”

Jones Jr. said he was unaware of any liability his family might face if Laney leaves.
The Jones family has operated their Otero County ranch for five generations.
“We’ll have some fine, experienced help on our place for a while,” Jones joked of Laney’s stay. “I know he won’t mind throwing some hay.”

Laney faces five counts of assault on a peace officer and resisting or obstructing officers executing a federal order.

Forest Service personnel and hired help were following a federal order to seize Laney’s cattle and sell them. He had been found in contempt of court for allowing his cattle to graze on the federal allotment without a permit.

The cattle have been sold at auction in Oklahoma.

Laney refused a permit after the Forest Service said he had to reduce the size of his herd. Laney said he couldn’t make a living with fewer cattle. He went to the grazing site March 14 after hearing his cattle were being mistreated by the Forest Service.
Officers said Laney used his horse to charge them, dismounted and began trying to tear down holding pens.

Federal Magistrate Karen B. Molzen initially refused to release Laney to Jones’ custody fearing he would return to his Diamond Bar Ranch in the Gila National Forest.
Greek appealed Molzen’s ruling to Senior U.S. District Judge John E. Conway, who ruled Laney could be released.

Laney has his share of supporters who fear the Forest Service is hurting ranchers.
The Catron County Commission has backed Laney, citing the loss of more than 25,000 head of cattle in the county in the past 10 years, costing the county more than $1 million in lost revenues. The commission said the Forest Service reneged on written promises and agreements, which induced the Laneys to put up their life savings to buy the Diamond Bar.

The case has also drawn the attention of U.S. Rep. Steve Pearce, R-N.M., who asked for a government investigation of the actions of Forest Service personnel.

“We’re glad to help giving Kit a place to stay until his trial,” Jones Jr. said. “Anytime you buck the federal government it goes like this. They want Kit in jail.”

There is no set agenda for Laney when he gets to the Jones ranch.

“We were thinking about stopping at a truck stop and getting Kit a steak,” Jones said. “But I don’t know. He may just want to get the heck out of Dodge.”

T.S. Hopkins can be reached at thopkins@lcsun-news.com.

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