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COLUMBUS, May 09, 2008 (Columbus Telegram - McClatchy-Tribune Information Services via COMTEX) -- A Fremont man with calving operations in Merrick County has been accused of failing to remove the carcasses of more than 25 dead cattle found in pastureland north of Silver Creek.

Sheriff Tony McPhillips said his department investigated James Barta this week after reports the Fremont man was responsible for animal cruelty involving the removal of the carcasses of dead cattle.

"The investigation is done enough to go to the county attorney,'' McPhillips said Thursday. The sheriff said he had not been able to contact Barta, but had spoken with his area employees during the investigation.

The investigation revealed Barta was providing for the feeding and watering of the cattle, but he wasn't removing the carcasses in a timely manner, the sheriff said.

Barta owns the cattle and the land involved in the investigation.

"The biggest problem is, these are old cattle that probably shouldn't be calving,'' said McPhillips, noting that this year's harsh winter and cold, damp spring likely contributed to the cattle death toll.

"Some of the carcasses have been there a couple of weeks,'' the sheriff said. "You can just look at the cattle and many appear to be beyond calving age.''

A spokeswoman for Barta Cattle Co., who declined to be identified, said this morning that company officials were aware of two or three cattle carcasses located in a tough-to-get-to area across a creek.

Once the company was notified of the problem, she said, the carcasses were removed by the company's employees in Merrick County.

These are older cows who had a difficult winter, the woman said.

Barta was out of state today on a business trip and couldn't be reached for comment.

The Merrick County Attorney's Office will decide whether Barta violated a law requiring the removal of animal carcasses within 36 hours has been violated, McPhillips said.

Animal cruelty and the requirement for removing carcasses are Class II misdemeanors, punishable by a maximum of six months imprisonment, $1,000 fine or both and no minimum sentence.

McPhillips got out of his cruiser Thursday morning, scanned a patch of pastureland north of Silver Creek and saw the carcasses of four dead cattle. He moved up the road a bit to another pasture and spotted four more carcasses.

Barta's men were removing carcasses Thursday, but they had been there more than 36 hours, McPhillips said.

"I counted eight dead cows I could see from the road," the sheriff said. "I have no idea how many are down out there."

The sheriff's department received reports this week of dead animal carcasses on pastureland three miles north of Silver Creek. In early April, the department received similar reports of about 20 dead cattle on pastureland Barta owns on the northern edge of Silver Creek.

Barta and the Barta Family Limited Partnership own about 5,000 acres of property in Merrick County, with most of the more than 25 parcels concentrated in the eastern part of the county in the Silver Creek area, according to information provided by the Merrick County Assessor's Office.

McPhillips said the animal cruelty reports his department received this week and in April came from people who live in the area and pass by the Barta properties.

"People are fed up with the way Barta does his business. He goes to sale barns and buys the oldest and cheapest cattle he can get. Calving isn't easy on old cows'' McPhillips said. "There's no law against it."

The sheriff said his department will continue on Barta cattle operations to ensure carcasses are being removed within the 36-hour time frame. Nobody likes to drive down the road and see dead animals and smell that dead animal odor, McPhillips said.

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Jim Osborn

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