DeFrain faces animal abuse charges
Fairbury dairy farmer Rex DeFrain is facing two felony animal abuse charges in connection with the recent closing of the Legacy Dairy processing plant at Hallam.
County Attorney Linda Bauer said Friday that many of the cows in DeFrain’s dairy herd were “near death” when they were removed from the farm along Nebraska 15 about eight miles north of Fairbury.
Identical felony counts alleging “abandonment or cruel neglect of (an) animal” were filed Sept. 17. Each count asserts that defendant DeFrain did “intentionally, knowingly or recklessly abandon or cruelly neglect an animal resulting in serious injury or illness or death.”
Thayer County Attorney Daniel Werner has been named special prosecutor in the case because Bauer declared a conflict of interest.
Werner was unavailable for comment at his Hebron office Friday afternoon, but DeFrain, 55, acknowledged the charges against him in a telephone interview.
He said that as many as six cattle died before county officials intervened. When they arrived, “they took everything, at least 89.”
Bauer said, and DeFrain confirmed, that the surviving cattle are now at an area feedlot. DeFrain said some of them have been sold.
In an interview earlier this week at their kitchen table, Rex DeFrain and his wife, Debbie, cited several factors that contributed to their decision to close the processing plant this past summer, including a $400,000 cost overrun in renovating the plant interior and an inability to buy milk from other area dairies.
Lancaster County commissioners provided a $300,000 partially forgivable loan to the dairy venture as it took shape two years ago.
Partners DeFrain and Jerry Bond of Avoca were unable to stay in business despite the popularity of an array of products, among them root-beer flavored milk, in returnable glass bottles.
DeFrain denied Friday that any animals died of starvation.
“Some of them were getting old and stuff,” he said.
“I’d say we were doing the best job we could to get them back into condition. It’s not like they were not being given antibiotics or being fed every day.”
He said most of the deterioration in their condition occurred after they were moved to Bond’s farm east of Lincoln for three months so DeFrain could concentrate on boosting the milk supply and other priorities at the plant.
Bond was unavailable for comment. A check of Cass County court files in Plattsmouth turned up no pending animal abuse charges against Bond there.
DeFrain is set to be arraigned at 9 a.m. Oct. 20 at the Jefferson County Courthouse.
On Friday, he said he has never intentionally done anything to cause his cattle to suffer.
“I’ve been at this since I was 5 years old. That’s 50 years. And I’ve always had the best interest of the animal at heart.”
Reach Art Hovey at 473-7223 or ahovey@journalstar.com.
County Attorney Linda Bauer said Friday that many of the cows in DeFrain’s dairy herd were “near death” when they were removed from the farm along Nebraska 15 about eight miles north of Fairbury.
Identical felony counts alleging “abandonment or cruel neglect of (an) animal” were filed Sept. 17. Each count asserts that defendant DeFrain did “intentionally, knowingly or recklessly abandon or cruelly neglect an animal resulting in serious injury or illness or death.”
Thayer County Attorney Daniel Werner has been named special prosecutor in the case because Bauer declared a conflict of interest.
Werner was unavailable for comment at his Hebron office Friday afternoon, but DeFrain, 55, acknowledged the charges against him in a telephone interview.
He said that as many as six cattle died before county officials intervened. When they arrived, “they took everything, at least 89.”
Bauer said, and DeFrain confirmed, that the surviving cattle are now at an area feedlot. DeFrain said some of them have been sold.
In an interview earlier this week at their kitchen table, Rex DeFrain and his wife, Debbie, cited several factors that contributed to their decision to close the processing plant this past summer, including a $400,000 cost overrun in renovating the plant interior and an inability to buy milk from other area dairies.
Lancaster County commissioners provided a $300,000 partially forgivable loan to the dairy venture as it took shape two years ago.
Partners DeFrain and Jerry Bond of Avoca were unable to stay in business despite the popularity of an array of products, among them root-beer flavored milk, in returnable glass bottles.
DeFrain denied Friday that any animals died of starvation.
“Some of them were getting old and stuff,” he said.
“I’d say we were doing the best job we could to get them back into condition. It’s not like they were not being given antibiotics or being fed every day.”
He said most of the deterioration in their condition occurred after they were moved to Bond’s farm east of Lincoln for three months so DeFrain could concentrate on boosting the milk supply and other priorities at the plant.
Bond was unavailable for comment. A check of Cass County court files in Plattsmouth turned up no pending animal abuse charges against Bond there.
DeFrain is set to be arraigned at 9 a.m. Oct. 20 at the Jefferson County Courthouse.
On Friday, he said he has never intentionally done anything to cause his cattle to suffer.
“I’ve been at this since I was 5 years old. That’s 50 years. And I’ve always had the best interest of the animal at heart.”
Reach Art Hovey at 473-7223 or ahovey@journalstar.com.
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