By Ray King
The Arkansas Court of Appeals on Wednesday said Circuit Judge Alex Guynn was correct with the amount of compensation he awarded a man in a Lincoln County case.
Jimmy Marion Baugh was ordered to pay $12,008.54 in restitution to Gerry Harris, a neighbor of Baugh, whose cattle had wandered onto Baugh’s property in January 2019 through a broken fence. Baugh ultimately paid to have the cattle rounded up and taken to auction, where eight cows and a calf were sold for $4,204.27.
After deducting expenses, Baugh paid Harris $2,800.97. Harris however claimed he had lost 13 cattle and because the two could not agree on the restitution amount, a hearing was held in June 2020.
At the hearing, Harris testified that 13 of his cattle ended up on Baugh’s property due to a fence that had washed out. He said he tried to retrieve the cattle, but the gates were locked, and Baugh would not allow him access. He also testified that the cows Baugh sold were bred cows with calves and that the value of those cows was $1,200 each and another year’s crop of calves.
In his appeal, Baugh argued that the amount of compensation set by Guynn was too high but the appeals court said Guynn had evidence before him that if, determined to he credible, would support the amount of restitution ordered and could not say Guynn’s ruling was in error.
