By Chris Aldridge
Kentucky Ag News

This is the first in a series of “Did you know?” stories about duties performed by KDA employees that the public likely isn’t aware.

Marcus Avery says he and the four KDA employees that he supervises in the Office of State Veterinarian have been called “the state’s greatest kept secret.”

Officially, the department’s five armed officers with police powers are known as investigators. Kentucky law refers to the men in the KDA’s Investigator Branch as peace officers. Just don’t call them “cow cops.”

“The term ‘cow cop’ is not endearing,” Avery said. “It’s like calling Fish and Wildlife officers ‘squirrel police.’”

Kentucky Revised Statutes 257.490(2) reads:
Officers employed by the department shall have full powers as peace officers and shall be limited to the enforcement of Department of Agriculture statutes and administrative regulations, except when it is necessary to enforce KRS Chapter 514 related to theft cases involving animals, KRS Chapter 516 related to forgery of animal health certificates, or KRS Chapter 525 related to animal cruelty, mistreatment, or torture.

Commissioner Quarles, right, stands with investigators, from left: Shane Mitchell, Billy Whitenack, and Marcus Avery.

“We do a lot of livestock dealer investigations, making sure everything is above board,” Avery said. “We also assist local authorities in responding to livestock welfare complaints all across the commonwealth.”

Avery said KDA officers monitor the import and export of livestock for possible illegal activity. “My latest case was livestock theft in Warren County,” Avery said, noting it led to a conviction.

“At events like the (Kentucky) State Fair, the North American (International Livestock Exposition), even some county fairs, we assist the inspection staff, making sure there are no illegal forgeries and the animals have proper documentation,” Avery explained. “Sometimes, we stop livestock trucks and trailers out on the road to see if they have proper documentation.”

Avery said he and his small team perform a plethora of other things for KDA. Among them are working with the Ginseng Marketing Program regarding illegal ginseng harvesting and trespassing to dig on private land, and helping with farmed cervid (deer) inspections. Their duties are usually staying visible in uniform to keep the peace.

“If any of our (KDA) offices have notices or warnings of violations, we’re selected to hand carry those,” Avery said. “We’ve even been out with the PACE (Purchase of Agricultural Conservation Easements) people when they were dealing with somebody that’s been a little ornery.

“All of us are academy trained police officers with a police background before we even come to the department. A prerequisite (to become a KDA officer) is you have to have four years experience as a sworn police officer.

“Border to border, we have jurisdiction all across the commonwealth for anything illegal,” he added. “Our main focus is ag stuff, but you can’t turn a blind eye to crime.”

A good example was the actions of Roger Ogg on Oct. 22, 2018, when the 19-year veteran KDA officer assisted the Kentucky State Police (KSP) with locating and apprehending a potential kidnapper. He was driving to his Graves County home on Western Kentucky Parkway with his police radio tuned to the KSP frequency when he heard a BOLO, or “be on the lookout,” for a vehicle in the Muhlenberg County area.

When Ogg saw a vehicle that fit the description parked on the shoulder of the parkway, he slowed down to get the license plate number and reported the sighting to a trooper at a nearby KSP post. Ogg accompanied the trooper to arrest the man, who had active warrants after an attempted abduction in Bowling Green.

“I would like to … let you know how much we appreciate officer Ogg’s efforts and attention to detail,” KSP Lt. Gregory Brown wrote in an email to KDA.

“Without officer Ogg’s assistance, [the man arrested] may still be on the run,” KSP's Melody Brown stated.

“We’re dispatched through State Police, so we monitor all their activities,” Avery said.

Avery joins Ogg with more than 19 years of experience as a KDA officer after 10 years as a policeman. “Most of us have 20 or more years policing,” Avery noted.

Avery’s four officers live in four regions of the state that they cover: Shane Mitchell in northern Kentucky, new hire Billy Whitenack in central Kentucky, Jimmy McClendon in southern Kentucky, and Ogg in western Kentucky. “I’m everywhere they need me,” Avery said.

“When I started (in the early 2000s), there were 11 of us (officers),” he added. “Our numbers have fallen through attrition because they haven’t replaced us. We recently hired one, and we plan to have [more] in the future.”

Like police officers, KDA officers are issued badges, sidearms, and body armor vests, and drive state SUVs equipped with sirens and police radios. They currently carry Glock 40-caliber pistols but are transferring to 9mm Glocks “to get in line with all other agencies in the commonwealth” including KSP, Avery said.

“Sometimes, we wear uniforms and badges,” he added. “It depends on whether we want to be seen (to inhibit crime) or we’re investigating undercover and want to blend in.”