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Charges dropped for woman arrested in death of over 100 cows, case dismissed due to McGirt

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Posted at 9:43 PM, Jun 02, 2023
and last updated 2023-09-19 14:20:02-04

MUSKOGEE COUNTY, Okla. — The Muskogee County Sheriff's Office is investigating what's considered "an extreme case" of animal cruelty after a tip leads to a property with more than one hundred dead cattle, plus at least one dead dog.

Sheriff Andy Simmons told 2 News it's the most shocking case of animal negligence that he can remember in the county.

According to a release, the owner of a 50-acre plot on 114th Street visited the tenant of the home, then saw several dead animals and immediately alerted authorities.

"No grass on the property that was edible. No grazing areas for the cattle," Sheriff Simmons said. "You could tell down on the south end that they were pushing the fence over trying to get to this lush, green grass over in the other field."

The sheriff's office reports 105 cattle and one dog have died. Several dozen cattle and seven dogs have been relocated by City of Muskogee Animal Control until they're considered healthy enough to find a new home, investigators said.

Sheriff Simmons said the hills and trees shielding the view of the home's private drive meant no neighboring ranchers could spot anything wrong.

The time it took for all the animals to deteriorate into deplorable conditions is under investigation.

"(It's bad) just having to be out there with the odor and the flies. You know what a ranch smells like, you know. Not death when you step out of your truck," Simmons said.

Lindsey Brashear and Kasey Clay were charged with the deaths.

Brashear and Clay were charged with 155 counts of felony cruelty to animals, one count of receiving/concealing stolen farm equipment, and 104 counts of unlawful leaving/disposing of a carcass.

On August 15, Brashear filed to have her case dismissed through the McGirt statute, due to lack of jurisdiction from Muskogee County Sheriffs.

Brashear's case was dismissed Sept. 19 due to the McGirt statute. While it was dismissed in district court she could face charges in Tribal or Federal court. Clay is still standing trial for his charges.

Cameron Ousley works with many cattle owners at Muskogee Ranch Outlet, and was at a loss for words when he first heard what had happened down the road.

"I feed my horses and cows sometimes before I even eat," Ousley said.

"That's just pure – I wouldn't even call it evil. That's just downright no good right there. To have that many head of cattle, especially on that small piece of land. You said it was 50 acres or so? Yeah, that doesn't even – it's hard to run 30 cows on 50 acres."

Both Ousley and the sheriff hope justice soon comes.

"Looking back on what I call the crime scene, the search warrant scene out there, this is not an accident. This is a criminal act," Simmons said.

"I don't really like to wish bad or evil on anyone because you never know their background," Ousley added. "You never know what got them in that position. But they should have asked for help a long time ago instead of letting cattle die."

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