March 17, 2006
Two accused of rustling cattle
By Doug Russell
The McAlester News-Capital Fri Mar 17, 2006, 09:39 AM CST
A former Krebs police officer and his father have been charged with stealing cattle.
Philip Marlyn Smith, 26, and George W. Smith Jr., 50, pleaded innocent in Pittsburg County District Court Thursday afternoon to two counts of larceny of domestic animals.
The two are alleged to have stolen cattle from a ranch on which the father was working in August 2004 and June 2005, according to court records.
If convicted, the two men face three to 10 years in prison on each count.
According to an affidavit filed in the case, a rancher in the Scipio/Tannehill area suffered a stroke about five years ago and his family hired George Smith to tend the ranch and take care of his cattle.
In early 2005, the rancher had recovered enough that he was able to return to the ranch, at which point he noticed that some of the yearling calves on his land had a Circle S brand — not his — and the calves looked like his cattle.
“In 2003 (the rancher) sold 90-plus calves, and they were split about 50-50 between steers and heifers,” Undersheriff Richard Sexton said.
“In 2004 he had 40-something calves, and there was only one heifer. Something just doesn’t add up.”
Because he was worried that George Smith was taking his cattle, the rancher obtained a court order ordering George Smith to keep all the cattle on the land until DNA testing could be done.
The next day, the affidavit alleges, Pittsburg County Deputy Mike Wigginton reported that he’d been told that Philip Smith had asked Donnie Scherman for 14 heifers to replace some of the disputed cattle on the rancher’s land. Scherman refused and Philip Smith allegedly said he would just send the heifers to a relative in Texas. Later in the day, a gooseneck trailer loaded with cattle left Philip Smith’s home. The truck was stopped in Farris, Texas, and blood samples were taken from the cattle, the affidavit states.
DNA test results showed that nine of the 13 cattle in the trailer — all of which had the Circle S brand — had been sired by the rancher’s bulls, according to the affidavit.
Krebs Police Chief Dennis Cook said Philip Smith was a Krebs reserve police officer for two years and filled in full time for six months when another officer was off due to an injury.“He doesn’t work here anymore,” Cook said.
Go to http://docapp065p.doc.state.ok.us/servlet/pag...
to see Philip Smith DOC picture.