Kit Laney arrested on Diamond Bar
By By Thomas J. Baird
Mar 16, 2004, 10:21 pm

Catron County rancher Kit Laney, who with his wife Sherry has waged a decade-long court fight over the right to graze cattle in the Gila National Forest, was arrested Sunday night, according to U.S. Forest Service spokeswoman Andrea Martinez.
Laney was arrested at about 7:30 p.m. and booked into the Doña Ana County Detention Center early Monday morning.
Laney, 43, appeared in U.S. District Court in Las Cruces Monday before Federal Magistrate Karen B. Molzen wearing a green jumpsuit, leg irons and shackled with a chain around the waist and through handcuffs.
Laney faces a felony charge of assaulting a federal officer and a misdemeanor charge of interfering with a federal law enforcement officer.
The misdemeanor carries a maximum penalty of one year in jail and a $100,000 fine. The felony carries a maximum penalty of eight years in jail and a $250,000 fine.
Forest Service spokesman Jim Payne confirmed Monday that Laney had been arrested but he declined to release details about what led to the rancher’s arrest.
Federal prosecutor John G. Crews asked that Laney remain in jail without bond, saying he is a flight risk and a danger to the community.
“Mr. Laney has lived in New Mexico his whole life,” Federal Public Defender Jane Greek said, “and he is not a risk to anyone in the community. We ask Mr. Laney be released on his own recognizance.”
Laney is to return to court this afternoon as attorneys argue the amount and conditions of bond. He remained in the Doña Ana County Detention Center Monday.
Federal officials last week began the process of rounding up some 400 cattle on the Diamond Bar allotment in the Aldo Leopold Wilderness, most which they say belong to Laney and his wife, Sherry.
The Laneys have long contended they have a vested fee interest in areas the government now considers to be federal property and part of the Gila National Forest and Wilderness. Further, they believe their interest predates the establishment of the national forest, so they have battled the Forest Service and others in a series of losing court cases. In December, a federal court ruled the ranchers were in contempt for failing to follow earlier court orders — paving the way for the Forest Service to begin impounding their cattle.
Sherry Laney’s sister, Mary Farr of Santa Fe, expressed concern over the situation Monday morning.
“What we understand is we know Kit and Sherry have been working closely with the Forest Service,” Farr said. “(The Forest Service) were not feeding or watering the cows, so they agreed to let Kit come in and feed and water the cattle.”
Farr said she is worried about her sister because no one in the family had heard from Sherry Laney as of late Monday morning and they had been unable to contact her.
“There is no word of where Sherry is, nobody can find her,” Farr said. “We’re worried out of our heads and the Forest Service will not cooperate.”
Farr said friends and family who are staying at various homesites on the ranch within the area closure declared by the Forest Service told her of Kit Laney’s arrest.
“Apparently they took Kit right off the horse, then took the horse to Link, one of their homesites there, and turned him out with saddle and bridle and everything else,” she said.
Farr said family friends Mark and Mary Miller have been staying at the Link homesite to offer support to the Laneys through the round-up. Kit’s brother Dale, another reported witness to the arrest, is staying at a homesite in neighboring Black Canyon, also within the Forest Service’s area closure, Farr noted.
Family and relatives have obtained the requisite travel permits to be able to enter and leave the closed area, however, Farr said the Laneys did not feel obligated to obtain a permit, based on their argument that they have long-standing fee interest rights to be on the property.
Las Cruces Sun-News reporter T.S. Hopkins contributed to this story. Thomas J. Baird can be reached at tbaird@scsun-news.com.