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Spokane, Washington  Est. May 19, 1883

Sunnyside man sentenced to 3 months home monitoring for rustling calves with Honda Accord

By Donald W. Meyers Yakima Herald-Republic</p><p>

A Sunnyside man who rustled more than a dozen beef cattle with a Honda sedan was sentenced to three months on electronic monitoring.

A Yakima County Superior Court judge told Lionardo Jose Tapia how lucky he was to be getting that sentence in what he said was a serious case.

“Who would believe you could put a cow in the back seat of a blue Honda Accord?” Judge Richard Bartheld said during Tapia’s sentencing hearing. “I hope you cleaned that car before you returned it to your buddy.”

Tapia, 24, pleaded guilty to theft of livestock, admitting that he took a calf and offered it for sale.

Tapia was arrested March 5 after a man at Sagebrush Ranch near Mabton followed a Honda Accord that had left the ranch around 7:30 a.m. to the Outlook rodeo grounds.

The man said that cattle had been taken from the ranch since Feb. 22, with 19 heifers reported stolen, and that 24 Wagyu calves were recently taken from the ranch, all with ear tags, according to a probable cause affidavit.

At the rodeo grounds, deputies found Tapia in a cattle pen feeding 16 calves. He was placed under arrest, the affidavit said, and deputies saw that he had cow manure on his boots, and that the Honda’s interior was also covered in manure.

Police found Tapia’s cellphone and charger in the Honda, and he was carrying the keys to the car.

The car’s owner said Tapia asked if he could house calves at the rodeo grounds, and that her son let Tapia borrow his car to look for a job, the affidavit said, and that they were not involved in any theft of cattle.

Tapia told Bartheld at the sentencing hearing that the car’s owner is no longer his friend, due to the incident and the mess in the car.

“That wasn’t a real smart thing to do,” Bartheld said. “Did you believe you were going to get away with it?”

“No,” Tapia said.

“What were you thinking?” Bartheld asked.

“I wasn’t thinking anything.”

Deputy Yakima County Prosecuting Attorney Bret Roberts recommended a three-month sentence, which was the minimum sentence under the state sentencing guidelines, with nine months being the maximum sentence. Roberts said Tapia’s lack of criminal history, his willingness to cooperate and a desire to resolve the case warranted the lower sentence.

Aaron Dalan, Tapia’s public defender, concurred.

“In talking to him, he realizes that this was not a very smart idea.”

Sixteen calves were recovered, the affidavit said, with a value of $500 per calf, and Roberts said that no restitution will be sought.

Bartheld ordered Tapia, who recently started working in a winery, to serve the sentence on electronic monitoring, starting no later than Dec. 12.

“Do you understand that in our earlier history, they used to shoot people who stole livestock?” Bartheld asked Tapia.

Reach Donald W. Meyers at dmeyers@yakimaherald.com.