WHEATFIELD, N.Y. — The cow theft case against Asha’s Farm Sanctuary owner Tracy Murphy was dismissed Thursday.
It comes after a devastating blow to the prosecution Wednesday.
An order from the judge essentially barred any mention of the two cows at the center of the case.
Murphy's defense argued they should have been able to inspect the evidence after it was seized, but they never got that chance.
The judge agreed they should have.
From there, it seemed like just a matter of time before the whole thing unravelled.
It was certainly a big win for Murphy’s team and the animal advocates backing her.
After two years of fighting, Tracy Murphy left the Town of Wheatfield court, all smiles…vindicated.
“I feel that this is a bittersweet victory,” she said.
Murphy faced backlash online and in-person after keeping two cows found on her property from their reported owner.
In August 2022, a warrant was executed, the cows removed and Murphy arrested, charged with third-degree grand larceny, which was later downgraded to misdemeanor petit larceny.
One month later, the cows, being raised for beef, were sold.
“I know they're in heaven, and I know they're running and they're happy for me today that justice finally has been served,” Murphy said.
Wednesday, her attorneys argued the cows, which are evidence in this case, were not properly preserved for the defense to inspect, among other concerns.
“An investigation has to be clean. It can't be biased," said Murphy's lawyer Louis Mussari. "The developments that came out yesterday showed that this investigation was extremely problematic.”
The judge ruled the cows couldn’t be mentioned, and Thursday morning, the prosecution said with those restrictions, “the People cannot move forward with the trial.”
In a statement, the Niagara County District Attorney added, “The remedy fashioned by the court […] was not the proper one under our law," and that if this were a pet, “the owner and public would be quite surprised to find out that the police have to keep that animal as evidence and can't return it to its home."
Thursday’s dismissal was celebrated by animal advocates from the U.S. and Canada who came to support Murphy in court.
“Americans do not want to see animals hurt, and when people protect animals from suffering and violence, they should be supported, not targeted," said Wayne Hsiung, another of Murphy's lawyers. "So I do think this is a very important case for the right to rescue.”
Murphy and her lawyers hope with this, the community can move forward and stop with threats or harassment, to either side.
“All I wish is that everybody would just be together and forgive and love and get back to normal,” she said.
As for Murphy, she has no regrets.
“Is there anything you would have done differently, or going forward, are you going to do anything differently,” asked Spectrum News 1 Buffalo.
“Absolutely not," she said. "Absolutely not.”
Spectrum News 1 Buffalo did reach out the Scott Gregson, the farmer in this case.
He didn’t want to make any statement on this decision, but he did previously tell us he was ready for this all to just be over.
In celebration of the verdict, Murphy and her supporters will hold a volunteer work day at Asha's Friday, starting at 10 a.m.