The Herald-Democrat

District Court



In the District Court of Beaver County of Oklahoma. Affidavit of probably cause vs

Wesley Dean Kirton

Balko, Ok 73931

I, Donnie G. Crain, Affiant, duly sworn and upon my oath, do solemnly swear and depose as follows:

I, Donnie G. Crain, your affiant, am a Special Agent assigned to the investigative Services United of the Oklahoma Department of Agriculture, Food and Forestry, and have been since May 1, 2008. Your affiant also is retired from the Oklahoma State Bureau of Investigation after serving more than 20 years as a special agent. During my career as a special agent, your affiant served fifteen of those years in a supervisory capacity as Inspector and Deputy Inspector. The following information is true and correct to the best of my knowledge:

On December 4, 2014, your affiant was assigned to investigate the report of the illegal release of wild feral swine in Beaver County, Oklahoma. Your affiant spoke to Mike Baker, Game Warden for Beaver County, and he told your affiant that he had received several reports of sightings of feral hogs around the area of Bryan’s Corner in Beaver County. Baker further told your affiant that he had received information that Wesley Dean Kirton had been in possession of the feral hogs prior to their release.

On December 5, 2014, your affiant and warden Baker spoke with Tyler Patzkowsky and his father, Kenton. They told your affiant and warden Baker that they had begun seeing wild feral hogs and their damages on their cropland located two miles north and 3/4 east of Bryan’s Corner in Early October, 2014. They further told your affiant that during that same time period they were approached by and had conversations with Wesley Dean Kirton, in which he admitted to them that he had been in possession of several feral hogs for training purposes for his dogs which he trains to be "catch dogs". Tyler Patzkowsky further told your affiant and Baker that he and two other people had located and killed seven head of the feral hogs on a milo field belonging to Nathan Sager one mile east, one mile south and 1/4 mile east of Bryan’s Corner. He further stated that feral hogs had never been seen in earlier area prior to October, 2014.

On December 9, 2014, your affiant and other state officers had a conversation with Wesley Dean Kirton at his residence in Beaver County, Oklahoma. Kirton admitted to your affiant that he did have feral hogs which he had held in a pen on his property for nearly a year. Kirton further admitted that he had obtained the feral hogs from a man south of Hinton, Oklahoma, in a trade for hog hunting dogs. Kirton told your affiant and other state officers that he transported the feral hogs to his property in Beaver county, Oklahoma, where he held them in captivity for the purpose of training dogs for sale. Kirton further told your affiant that he did not possess a transporter’s license, nor did he have a facility license to house the hogs on his property. Kirton further told your affiant that in early October, 2014; the feral hogs were releases into the wild by someone. Kirton said he did not release them, but found the wires holding the gate were cut and lying on the ground by the gate. Your affiant inspected the pen and found it to be poorly constructed of sire panels and some type of woven wire inside the panels, all wired to steel T-posts. Your affiant also inspected the area around the gate and did not locate any remnants of any wires that had been cut.

Your affiant and other state officers were also told by Wesley Dean Kirton that at first he was not going to claim the feral hogs and hoped they would go north to the beaver River and "would be someone else’s problem". Only after seeing the feral hogs had gone to his neighbor’s milo field did he warn the neighbors of their release. Kirton further admitted to your affiant that he had checked the laws pertaining to feral hogs after they were released, but still continue to possess and use five head of feral swine which he kept contained in a cattle trailer located on his property. Your affiant and other state officers inspected and photographed the five remaining feral hogs. Kirton told your affiant and other state officers that when training his dogs he would just throw the dog in the trailer with the hogs and, "The fight was on." Kirton also commented that this was probably cruelty to animals but, "I’m already in trouble, so oh, well." The feral hogs were subsequently euthanized and their blood sent in for testing. The feral sow tested positive for pseudorabies.

Based on the information obtained by this affiant from Wesley Dean Kirton, as well as evidence provided to the District Court which was obtained during this investigation, there has been probably cause established that the defendant, wesley dean Kirton, did commit the following felony crimes: (1) Releasing Feral Swing into the Wild, (2) transporting Feral Swine Without a Transporter’s License, (3) Operating a Feral Swine Handling Facility Without a License, and (4) Cruelty to Animals, which all occurred din Beaver County, in the State of Oklahoma.

Based on the information obtained during this investigation and that which is contained in this affidavit, your affiant asks that the District Court of Beaver County of the State of Oklahoma issue a warrant for the arrest of Wesley Dean Kirton for the felony crimes as stated above, in violation of the Oklahoma Statutes, Title 2, Chapter 1, Article 6, section 6-611, sub-Sections (A) and (B); and, Title 21, Chapter 67, Section 11685.

Kirton was arrested Thursday, December 18, 2014 and bonded out according to the Beaver County Sheriff’s office Monday, December 22, 12014.






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