Rainbow Valley Road


11 Accidents have occurred in 2011
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The Residents of Rainbow valley have brought an issue to the city of Goodyear Arizona regarding public safety. For many years Rainbow Valley Road between Willis and Riggs has been hazardous due to range cattle. My wife and I are both very familiar with cattle having had cattle of our own previously. This issue is not fighting the rights of range cattle in Arizona, but it is questioning the right of free range cattle owners in the city of Goodyear Arizona. In the last year there have been at least 11 accidents involving cattle along this road, and everyone was lucky enough to walk away from the collision. The cows are not in their designated range, they are walking through cultivated fields damaging crops and crossing Rainbow Valley Road in search of food. The images in the document below are going to demonstrate that these animals are a hazard because they are starving in the designated range area, and have been inbreed and mistreated so badly that they have become a menace in the area searching for food.


James “Jimmy” A. Roer is profiting by collecting insurance claims from the drivers of the vehicles and from his own insurance company on these accidents. Under these conditions he has not seen fit to properly care for the animals and remove the hazard from the road. This is a strong allegation but I believe that the photos and video presented with this document will prove conclusively that the responsible party for all this damage through gross negligence is James A. Roer.




SEE MORE VIDEO OF THE HORRIBLE CONDITIONS HERE!

The brand on the bottom left photo was confirmed by a state official to be Jimmy Roer's brand. Take a good look at this animal. The animals are showing physical signs of inbreeding. Typically a cow with good blood lines will have a straight back, while a deformed curved back is indicative of inbreeding. This deformity, as well as others, are caused by not changing the stock, the bulls at regular intervals, and is common to the herd in Rainbow Valley. Additionally, this mother is underweight as well, possibly as much as 200 pounds. These animals are being starved. The herd in the search of food are ranging out into to the street and nearby fields.

The cattle, starving on the range are entering fields and causing thousands of dollars of damage. James A. Roer contends that there is enough food in this desert to support the cattle he is running on the range. How many acres does it take to feed a cow in these conditions? Does Jimmy know how many cows he has? Is he feeding or vaccinating his herd? Should the EPA and FDA check what the practices are on his ranch? These are all good questions to be addressed.



The following excepts are available from published documents at

http://goodyear.granicus.com/GeneratedAgendaViewer.php?view_id=8&event_id=40

It was the consensus of the City Council that the parties should cooperate toward a workable solution to this problem and made the following suggestions:

1. Find a way to move the cattle away from problem areas;
2. Build additional fencing where it would be most effective to keep cattle contained and out of problem areas;
3. Install additional cattle guards at appropriate locations;
4. Conduct a traffic study and/or a speed study on Rainbow Valley Road;
5. Increase signage in the area warning of cattle on the road;
6. Install temporary video surveillance equipment to monitor the area.

It was also recommended that staff hold additional meetings with the ranchers and farmers to develop a strategy for addressing the problem and that a specific time line for progress, and/or impediments to progress, be provided prior to the January 9, 2011 meeting. The City Council also asked that staff provide a status update within one month and advise the Council of progress on the negotiations as they become available.



Since the accident on October 5, video evidence has been collected to prove that these suggestions were ignored, and James A. Roer has no intention of complying with any of these items. James Roer agreed to have the cattle contained within the boundaries of his range area by September 19th ** and that suitable fencing would prevent any further danger to the public and damage to crops. I have addressed each point below, they simply do not address the primary problem. James Roer does not care for his animals.

 



1. Find a way to move the cattle away from problem areas:

Some cattle were not removed from the area, some may have been transported back on to his land, but it has been mentioned that he is not honestly sure how many animals he has. I have not verified these alligations, but it does raise some serious questions. Are the fences and gate left open because he is really unconcerned with the damage his animals are causing. Several witnesses can testify that the gate around the cattle guards are left open on a regular basis. Is he unable to maintain the herd? How can a man who really does not know how many animals he has know that they have all been confined on his property? Additionally, if this is the case, how is he keeping up with vaccination records. Is the intended use of these animals is to sell them for food? Are the food products produced from this herd used for human consumption? If they are not used for food they still are required to have vaccinations and how does he profit from the herd?



2. Build additional fencing where it would be most effective to keep cattle contained and out of problem areas:

The fence is barb wire, and anyone familiar with cattle will know that a barb wire fence can not keep cattle from leaving an area. Stock fencing is required to keep cattle from trampeling the fence, but seldom used due to the cost of the fencing material. The fence, in the photo below, was not left open as Jimmy Roer testified, it was trampled by cattle. The fencing was inspected, but it is inadequate to keep the herd from escaping if they do not have any food sources. One of the main problems with the cities inspection process is that the inspectors do not acually understand what is required to maintain a starving herd within the boundries of the lease. The city council stated that barb wire fencing cost approximately $15000 per mile of fencing. The property required approximately 1.5 miles of fencing or $20,000 to $25,000 dollars worth of materials. On October 17th the city council mentioned at their meeting that James A. Roer was also asking for city funds to install a cattle guard. Why should the city pay to keep these animals from escaping when it is James Roers responsibility. He is no longer in Maricopa Unincorperated and should be expected to maintain his animals just like I am responsible for maintaining mine.




3. Install additional cattle guards at appropriate locations:

All the accidents occur on a five mile stretch of road that already has cattle guards install at all intersections. The cows do not cross at the crosswalks. While James A. Roer has offered to install a cattle guards none of the areas under discussion are anywhere near where the accidents are ocuring.



Could you stop for these cows at 45 MPH? See the Video on youtube.com
4. Conduct a traffic study and/or a speed study on Rainbow Valley Road:

My accident was verified by forensic evidence that I was traveling the speed limit. Why then should we spend tax dollars to verify that the individuals traveling down the road are doing the speed limit so that these starving animals can have free run to create a hazard and damage crops in the area.
The idea was advanced that the speed limit should be changed to 45 MPH, which is alright for all the concerned residents, but it will do nothing to solve the problem of the animals on Rainbow Valley Road. I would like to present a small part of the evidence that has been gathered by a retired local resident. The first photo is illuminated with a 300000 candle power spot light. The second photo are the same cows under normal driving conditions at 150 ft. Keep in mind a vehicle traveling at 50 mph is traveling at 73.3 feet per second. 45 MPH is still 66 feet per second. A driver would increase the time to impact from 2 to 3 seconds. Not a big difference, in reality, while the reduced speed is a good idea, the speed would reduce the chances of injury and damage to vehicles, but it would still kill or cripple the cow. It is also important to note a all of the accidents occur in the low light conditions of evening or before sunrise.


5. Increase signage in the area warning of cattle on the road:

The city council is honestly proposing that the two cattle crossing signs will be install on Rainbow Valley Road, and in two other locations on what appears to be dirt roads. This is nothing more than a liability stop gap. I see the point, but it fails to resolve the issue that a single man is behaving irresponsibly and need to be held liable for his actions. Signage,like the reduced speed limit are a good concession by local residents. The possibility of installing street lights was explored briefly as well, but it still does not address the primary issue. Range cattle should not be allowed within the city limits and if James Roer is forced to pay for the damage his animals are causing he may maintain the herd or eliminate the liability all together. One thing is certain, he will not do anything to comply with the city or work with local residents until he is held accountable for the damage he is causing.



The Muck in the Vehicle below is the Stomach Contents of the COW!




The victims of the accident above had the cow come over the hood of the car when the vehicle took the legs out from under the animal. The subsequent trauma to the animal ripped open the stomach of the cow and the contents emptied in to the cabin of the vehicle. The female occupant in the passenger seat was covered with the contents of the cow stomach and glass entering every orifice on her face. The consequence of this was a huge infection in the eyes ears nose and throat of the victim. Once again, law enforcement did not find evidence of excessive speed during the investigation of the accident.


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These pictures are the effect of my vehicle impacting a pregnant cow weighing somewhere between 1700 and 1900 lbs. The impact deployed the airbags and totaled my Jeep. Law Enforcement has not found cattle on the road since James A. Roer had stated that the animals would be removed in September. I, however, did find several cows on the road on October 5, 2011. My accident was the 11th cattle related accident to be reported this year.



6. Install temporary video surveillance equipment to monitor the area:

Once again, are the tax payers aware that you are spending their money to protect the rights of a single man whose actions in the loosest possible definition are negligent, and possibly fit the definition of depraved indifference.

Does the city council want to revise their statement on the dangers of cattle on the road at night. Could you identify and stop in two seconds for those animals?
The following inaccurate statement was entered into the record for my accident.

On October 5, at approximately 6:05 am., a vehicle struck one of two cows that were in the roadway on Rainbow Valley Road north of Queen Creek Road. The driver of the vehicle swerved to miss one cow that he saw in the roadway only to hit a second dark colored cow that he did not see. The driver sustained minor injuries and declined treatment at the scene. The cow was killed and the vehicle was towed from the scene. The patrol officer who responded indicated that the driver had been driving at the speed limit which is posted at 50 miles per hour.



The actual facts of the events, verifiable through cell phone records and witnesses that stopped to help me are as follows:
I had time to get out of my car, inspect the damage and call my wife at 5:40 AM after the accident.
I also have at least 5 witnesses to this because several people stopped to help me.
According to the World Clock, sunrise on October 5, 2011 occurred at 06:25 AM.
Oct 5, 2011 6:25 AM 6:08 PM11h 42m 14s− 2m 02s12:17 PM51.7° 149.592
Since the city council has provided what seems like token stabs at an issue they don't actually understand



Finally what is the Cattleman's Association saying about this issue...



From: Patrick Bray [mailto:[email protected]]
Sent: Wednesday, October 12, 2011 1:40 PM
Subject: Cattle in Rainbow Valley

I completely understand your frustrations with the situation.  I have personally been working on the issue since July when I became aware of it.  I have done my very best to assist in the issue and make it workable for all parties.  The Arizona Cattle Growers� Association understands that open range is a privilege and we live by the principle that ranchers should be good neighbors.  I am not pleased with the situation and personally responded to the last accident on Rainbow Valley Rd to see what had happened.  At this time I have informed the city that we, the association, could no longer represent Mr. Roer in this situation.  I agree that what has occurred is irresponsible and unacceptable.   There is no excuse for what has occurred. 


Thanks

Patrick A Bray

Executive
Vice President
Arizona Cattle Growers' Association
1401 N. 24th Street, Suite 4
Phoenix, Arizona 85008
www.azcattlemensassoc.org


Sent: Wednesday, October 12, 2011 12:59 PM
To: '[email protected]'
Subject: Inquiry from Arizona Cattlemens Website
Dear Doc,
   

First let me explain we have a very bad problem out in rainbow valley.  There are cattle out on the road and 12 people have lost their vehicles and the lives of the cattle have been lost as well.  From what I understand the rancher is collecting money from his own insurance and from ours as well.  This by the way is insurance fraud and I will find the other 11 people and not only find out from them if they paid as well as contacting Roers who is the rancher insurance company as well.  So what you are standing behind is insurance fraud and a man who makes a very good living at the expense of others and using cattle as a sacrifice for a profit.
It is not like there is enough grazing land for these cattle maybe there was back when you did not have the amount of houses you have out there now or the traffic.  These cattle are hungry and I think that it is abuse for the way they are being treated when was the last time they had shots?  They deficate in all of our streets and in front of houses I know for a fact that there is an ordinance against that as I am sure you know as well.

    Please help me help the cattle by not allowing this to go on out in Rainbow Valley as the residents and cattle have suffered enough of a hardship.  Are you going to be responsible for a death for ignoring this problem.

*** End of EMAIL ***

Some of the contents of this email including phone numbers have been edited from this email to ensure privacy.
The complete email is a matter of the city record.