Case dismissed against owner of Newfane farm sanctuary

BUFFALO, N.Y. (WIVB) -- The Niagara County animal sanctuary owner at the center of a cow theft case is closing the chapter on this battle after the case against her was dismissed Thursday morning.

The day her trial was set to begin, Tracy Murphy walked out of the Town of Wheatfield courthouse with a victory. On Wednesday, the judge ruled prosecutors could not use evidence or testimony regarding two central parts of the case, the cows at the center of the dispute.

During a pre-trial conference Wednesday, Judge Gary Strenkoski decided "that the prosecution is precluded from using any evidence or testimony regarding the two cows in question."

This prompted the Niagara County District Attorney's Office Thursday to issue a statement to the court stating, "any reasonable possibility of prosecuting such charge to a conviction has been effectively destroyed."

The owner of Asha's Farm Sanctuary in Newfane, Tracy Murphy, was charged with third-degree grand larceny and arrested two years ago. Murphy was later released and that charge downgraded to petit larceny.

In July 2022, Murphy claimed two cows found their way onto her property. When the owner of McKee Farms came forward to say the cattle were his, Murphy wouldn't release the cows, believing she was within her legal right.

"The fact that we repeatedly requested opportunity to test the cows, have them weighed, have them examined, and make sure that they were the cows that were claimed to have been stolen," said Defense Attorney Justin Marceau. "That opportunity was never given and the cows were killed before that happened and that's a big deal."

The DA's Office argues that law enforcement are not legally required to maintain stables to house livestock.

The owner of McKee farms did not return our request for comment.