He was also ordered to write a letter of apology.
Scott Klassen, 58, was convicted Thursday of one count of theft of an agricultural animal, a level 4 felony, in Montezuma District Court with Judge Todd Plewe presiding. The maximum sentence for the charge is six years in jail.
On May 25, 2015, Klassen shot a bull owned by Robert and Aileene Holliday after finding it on his property near the 14000 block of County Road 27.
On Wednesday, Klassen testified that he shot the white bull out of necessity.
“I shot the bull because it was charging me,” he said.
The bull had breached a fence, and was breeding with Klassen’s black Angus cows, he said. Klassen had one white calf that he couldn’t sell, according to documents. It wasn’t the first time the bull had jumped the fence.
Under Colorado’s fence-out law, a rancher who maintains a lawful fence may recover damages for trespass from the owner of any livestock that break through the fence. It’s legal to take custody of livestock found trespassing, but a landowner must notify the brand inspector and sheriff.
Klassen picked up his .30-30 rifle and walked into the pasture with stepson Brandon Conner to try to get the Charolais away from his cattle, according to testimony. Later, Klassen shot at the bull three times and killed it. In 911 calls and during the trial, he admitted killing the bull.
Defense attorney Cameron Secrist argued that Klassen was faced with a “choice of evils.” He didn’t want to shoot the bull and felt bad about the act, but he was forced to kill it to save his own life.
“We don’t have any apology for (killing the bull) because it was a necessity,” Secrist said.
District Attorney Will Furse argued in closing statements Wednesday that by arming himself with the rifle and walking out to confront the bull, Klassen knowingly put himself in harm’s way.
“That’s not a choice of evils, that’s a bad choice,” Furse said.
It remained unclear if the bull had charged Klassen. Former Montezuma County Sheriff’s Deputy Sean Draughon testified he found no proof.
Conner also testified that Klassen brought the rifle out into the field because he knew the bull might charge him.
Secrist argued that the fence around the Klassen property was lawful, with five strands of barbed wire and posts 8-10 feet apart.
He said the fact that Klassen armed himself didn’t indicate that he intended to kill the bull. That didn’t negate the choice of evils defense, he said.
“He does what he has to do to protect his own life,” Secrist said.
Furse said the decision was not out of Klassen’s control.
“There is no evidence to contradict that (Klassen) put himself in harm’s way.”