December 13, 2007
District Attorney Waiting for Horse Shooting Report

By Dave Maxwell

On Thanksgiving Eve 2007, three horses owned by Steve Culverwell of Caliente were shot by a person whose identity has not been released. Two of the horses died while a third was only grazed.

The Lincoln County RECORD was informed, by Sheriff Kerry Lee, the suspect later confessed to Mr. Culverwell and the two parties settled the matter without charges being filed and the suspect making restitution. Case closed.

This week, Sheriff Lee said his office is preparing a report to give to District Attorney Greg Barlow, but he did not know if the report has been sent yet to the DA’s office.

“The problem,” Lee noted, “is that if the victim has worked it out and refuses to testify, then the DA doesn’t have a case.” Lee said even if the DA wanted to pursue the matter independently, and the victim refuses to testify, they most likely won’t seek to press charges.”

“The only thing that might be considered criminal, that the DA might want to pursue, but which is still open to question,” Lee said, “are where the shots took place. Where the houses are, according to our map, they’re actually in the County, not within the city limits. Although it is very close to the city limits, probably a few hundred yards or less, there is no law against shooting within the County.” The DA’s office will make their own determination, Lee said, “After they receive the report.”

The shooting was the result, Lee reported, of “an ongoing situation up in that area, of the horses and cattleman tearing down and ruining private property, which we’ve been dealing with for quite some time. Tempers got involved with it towards the animals and the shooting happened.”

The DA’s office confirmed to the Lincoln County Record they have not yet received the report.