Willcox rancher Doug Kuhn relied on 21st-century DNA technology to bring a cattle-rustling case against his neighbor.
The case was a rare throwback to when cowboys rode the range. But the charges were recently dismissed because of numerous problems any court — no matter the era — would find troubling, particularly Kuhn having previously dated the livestock inspector in the case, Cathe Shelton.
Nearly two years ago, Kuhn accused neighboring rancher Larry Hubbard of stealing four of his cattle, which he proved were his through DNA tests.
The Cochise County Attorney's Office thought enough of the case to file five felony charges and a misdemeanor count of cattle rustling against Hubbard. But that was before prosecutors learned of Kuhn's earlier romantic relationship with Shelton.
"That would have posed a problem because of the appearance of impropriety," said Cameron Udall, Cochise County assistant attorney. "She shouldn't have investigated, but she investigated it because she had no choice," he added, noting the shortage of cattle inspectors.
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But there were other problems, too: antiquated case law nearly 100 years old; confusion over whether Kuhn or his father owned some of the cattle; and a lack of criminal investigation.
"The case unraveled," Udall said.
Because it turned out that Kuhn's father owned some of the cattle, the indictment would have to be rewritten, he said.
And after more research, Udall said there was no way to prove Hubbard stole the cattle and placed his brand on them, much less even knew his brand had been placed on Kuhn's cattle, even by accident.
"Even if I didn't have the issue of whether the cows were yours or your dads (sic), all the counts state that Hubbard specifically did all these crimes, and I can't prove that Hubbard was the one that did the branding, etc.," wrote Udall in a letter to Kuhn.
Hubbard's attorney, Perry Hicks, was nonplused by the outcome.
"It was an accident, and accidents tend to happen," Hicks said. "There wasn't much substance to any of it, except the two bull heads had been misbranded."
Kuhn and Hubbard were once competitors in the hay business and also have been rivals in at least one land deal. Hicks said he thought the case, in some ways, was an outgrowth of that dynamic.
"They were competitors in the hay business," he said. "They were neighbors. There were things like that floating around out there."
For his part, Kuhn said he was upset Hubbard was "getting away" with cattle rustling because of a technicality. The relationship with Shelton, the livestock inspector, was well before the cattle-rustling case, he said.
"I don't see why the previous relationship with the cattle inspector is something that can derail something as important as a cattle-rustling case," he said.
