Jury says trooper didn't steal a pregnant cow

VERNAL — An 8th District Court jury in Vernal Tuesday cleared a Utah Highway Patrol trooper of cattle theft.

Jurors deliberated for less than an hour before returning with two not-guilty verdicts in the case against David M. Swenson, a 15-year law enforcement veteran.

Swenson was charged with two third-degree felony counts of theft stemming from an incident that involved a pregnant cow that allegedly wandered onto his property in Uintah County in May 2004. The case was filed and prosecuted by the Utah Attorney General's Office due to conflicts of interest by the Uintah County Attorney's Office because of Swenson's association with that office in the course of performing his job.

UHP officials relieved Swenson of patrol duties when the charges were filed against him last May, reassigning him to desk duty with Central Dispatch in Vernal at the same pay. His acquittal means he will soon be returning to active road duty, following some routine recertification, said UHP Lt. Jeff Chugg.

"We're just glad we're able to take care of it through the court system," Chugg said. "We are happy for Dave and happy to have him back."

The two-day trial included testimony from local and state livestock brand inspectors and the owner of the cow. Swenson was the only witness for the defense, testifying that he was unaware that the stray cow he fed for about 18 months was not one of the 45 to 65 head of cattle that he owned during the time involved. He maintained that when its owner, Brandon Murdock of Fort Duchesne, made efforts to reclaim the animal, he complied.

Murdock's property borders Swenson's.

"It was in with Swenson's herd in August 2004, and he never once calls and talks to my client," said Loni DeLand. "He left that cow in there — if it was the same cow — for over a year without any effort to contact Dave Swenson and try to get it back."

In his opening statement, DeLand told jurors that justice demanded the state prove beyond a shadow of a doubt that his client was intent on unlawfully keeping the cow and later her newborn calf from their owner.

John Kimball, livestock brand investigator for the Utah Department of Agriculture and Food, who testified for the prosecution, said the outcome isn't about a win or loss but about justice being done.

"I do my investigation, and I turn my report over to the prosecutor's office," Kimball said. "I explain my findings in court and let the jury do their job ... the jury makes their decision, and I respect that."

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