Fed’s Predator Drone Used in North Dakota to Convict Farmer Acquitted of Original Charges

Photo Credit: REUTERS
What began as a wild west-style cattle-stealing case may have ushered in a brave new world of law enforcement officials using drones to gather evidence to put Americans behind bars.
In the first-ever case of a U.S. citizen being convicted and sentenced to prison based in part on evidence gathered by a drone, Lakota, N.D., farmer Rodney Brossart got a three-year sentence for his role in an armed standoff with police that began after he was accused of stealing his neighbors’ stray cattle in 2011.
Brossart was arrested on June 23, 2011, but his family refused at gun
point to let authorities armed with a search warrant onto their 3,600-acre property to investigate the neighbors’ complaint. Brossart was later released on bail, and warrants issued for his three sons, but the family refused for months to respond to orders to appear in court, prompting Nelson County Sheriff Kelly Janke to have the U.S. Border Patrol deploy a Predator drone conduct live video surveillance of the farm.
The drone monitored the family’s movements on the farm following the armed standoff. It was not clear how long the drone was deployed or whether it gathered evidence of the alleged cattle theft.
But the eye in the sky gathered enough evidence to prompt Janke’s men to finally move in in November 2011, arresting five family members on terrorizing charges.
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Lakota, N.D., farmer sentenced to 6 months in terrorizing case
By Steve Lee.
Lakota, N.D., farmer Rodney Brossart was sentenced Tuesday to three years in prison, with all but six months suspended during 2.5 years of supervised probation for terrorizing law enforcement officers who arrested him over a neighbor’s stray cattle in June 2011.
The unusual case attracted wide attention because Nelson County Sheriff Kelly Janke took up the U.S. Border Patrol’s offer of live video surveillance from a large drone of Brossart’s three sons before arresting them at their farm southeast of Lakota the day after he was arrested.
“This case should have never happened,” state District Judge Joel Medd said. “Chalk it up to stubbornness, to stupidity, to being at odds with your neighbors or any combination of those. We should never have been here if the cows would have just been returned.”
Brossart was convicted in November of terrorizing two law enforcement officers who arrested him June 23, 2011, over a neighbor’s three cows and their calves that strayed on to his farm. It’s a felony with a top sentence of five years in prison and a $10,000 fine.
Also Tuesday, Brossart’s three sons — Thomas, Alex and Jacob, all in their 20s — pleaded guilty each to a misdemeanor charge of menacing law enforcement officers, reduced from the felony terrorizing charge, in an agreement with prosecutors.
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