April 8, 2002

Arizona Daily Star: 2 killed, 1 hurt in collision with bull

A car slammed into a bull early Sunday on Interstate 19 south of Tucson, killing two people in the vehicle and critically injuring another.

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The three - all from Tucson - were northbound on I-19 at the time of the accident, Slechta said. Excessive speed and alcohol were not considered factors in the accident.

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The impact of the collision smashed the roof and the front of the car and sent the bull flipping over the vehicle, officials said. The car traveled about 1,000 feet and rolled at least once before it came to rest.

[A public safety spokesman] said the 2,000-pound, dark-colored bull - which was killed in the collision - most likely made its way to the interstate by breaking through a fence in the area.

"Every now and then they'll break through the fence and get on the roadway," [the spokesman] said. "When you have a dark road and a dark animal like that, it's hard to see it until you're right on it."

When identified, the bull's owner will most likely not be held responsible for the accident because of Arizona's open range law, which requires motorists to watch for livestock on roadways at all times.

Salt Lake Tribune

Manslaughter case against rancher raising some eyebrows
Darrell Kunzler: Backers say he should not be charged over the death of a woman whose car hit his steer

By Stephen Hunt

Cattle rancher Darrell Kunzler - charged with causing a traffic death by failing to fence off his livestock - is a longtime member of the Utah Cattlemen's Association and one of Gov. Olene Walker's appointees to the state Livestock Brand Board.

The cattle association represents the interests of the livestock industry; the Brand Board guides state brand inspectors, who track the movement of animals and fight against cattle rustling.

But Kunzler - accused of causing the November death of a Washington state woman when her car struck one of his steers - now finds himself on the wrong side of the law.

Prosecutors say they hope to teach a lesson to the Benson man, who they say is a habitual scofflaw when it comes to containing his animals. Police claim Kunzler, 69, acted "completely indifferent" to the woman's death.

But defense attorney Greg Skordas called Kunzler "a sweet guy" who is "torn to pieces . . . absolutely devastated" by the fatality.

As for the criminal charges, Skordas said, "This is not a homicide. Gimme a break!"

On Thursday, Kunzler appeared in 1st District Court on one count of manslaughter, a second-degree felony. A judge set a scheduling hearing for Jan. 3. Manslaughter carries a possible prison sentence of up to 15 years.

Prosecutors claim Kunzler "recklessly" caused the death of Kimberly Johnson, 40, a mother of six from Auburn, Wash., who was in Utah visiting family members for Thanksgiving.

At about 1:15 a.m. on Nov. 27, Johnson was driving with two of her children on state Road 30, west of Logan, when she struck a black steer that had wandered onto the roadway, where the speed limit is 60 mph. Johnson was dead at the scene from head injuries.

Police say the steer rolled up the Subaru Legacy's hood and landed on the
roof, crushing it down onto Johnson's head. She lost control of the car, which struck an embankment, rolled onto its top and slid into an irrigation canal.

Johnson's two children who were in the car survived, as did a woman who hit the dead cow immediately following the fatal crash. Two other cow/car collisions occurred in the area in November 2003 and October 2004.

Five class A misdemeanor reckless endangerment charges were filed against Kunzler in connection with the accidents' survivors.

Police say Kunzler has a 30-year history of failing to properly contain his livestock. In the past four years alone, there have been 31 accidents involving Kunzler's cattle, according to the charges.

Utah Highway Patrol troopers who summoned Kunzler to the scene to identify the animal said he appeared unmoved by the woman's death and said he was shocked the steer had escaped the nearby field, according to the charges.

Also, Kunzler allegedly has told UHP troopers in the past that he didn't care if his cows were hit by cars because he can make more money from insurance claims than by selling them at auction.

Skordas said Kunzler denies making the insurance comment. "His insurance pays him next to nothing," Skordas said, "and he has virtually no history of claiming cattle on insurance."

Skordas said Kunzler checks his cattle daily and did what he believed was reasonable and safe.

The area is fenced on three sides but not along the highway.

"This is an area where there is a deep and steep canal that he felt was an adequate break to keep cattle from the roadway," Skordas said.

Kunzler's history for having loose cattle was no worse than any other Utah
rancher, Skordas said, adding that ranchers don't have absolute control over their livestock.

"Hunters leave gates open, people scare cattle, fences fall down and animals get out."

Kunzler's appointment to the Livestock Brand Board is "indicative of his reputation and standing in the cattlemen's community," Skordas said. "You don't get that by letting your animals run free and not tending to them."

Brent Tanner, executive vice president of the cattlemen's association, agreed that "animals can be unpredictable. If a rancher has made reasonable efforts to contain them, the law has generally come down in favor of the rancher. We're talking about a large animal with a mind of its own."

Tanner said he has never heard of a rancher charged with homicide as a result of loose livestock.

"It concerns me that it's setting a precedent," he said, noting that many areas of Utah are designated "open range," where animals are unfenced. "It's strictly driver beware, part of the environment," Tanner said.

Tanner characterized Kunzler as a "very respected businessman and a loving, caring family man."