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AL: Prosecutors trying to seize 65 dogs taken from Cottonwood man in January

Vicki

Administrator
Prosecutors trying to seize 65 dogs taken from Cottonwood man in January

Judge considering case will rule later

Posted: Wednesday, July 29, 2015 1:59 pm | Updated: 10:18 am, Thu Jul 30, 2015.


Dr. Bruce Wozow, a veterinarian in Cottonwood, testified in a civil court hearing to determine whether 65 dogs would be returned to Jerome Wesley Hughes.

Wozow said he had inspected Hughes’ property and found multiple kennels and pens set up which would provide shelter for the dogs were they returned to him.

“I can only look at the physical facility,†Wozow said. “I cannot ascertain the quality of care the animals might get.â€

Cottonwood Police officers, along with officials from the Humane Society of the Unites States, seized the dogs from Hughes’ property on D. Hodge Road in January as part of an animal cruelty investigation involving the possibility of hog and dog fighting.

The Houston County District Attorney’s Office filed a civil complaint against Hughes in late January asking the court to order the dogs be turned over to the state.

District Attorney Doug Valeska said the dogs seized have been cared for by officials with The Humane Society of the Unites States. He said the organization has incurred over $300,000 in medical expenses caring for the dogs over the past six months. Humane society officials told the Dothan Eagle after the seizure that the conditions of the dogs ranged from emaciated to very poor.

Hughes has not been charged criminally in connection to the seized dogs. But Valeska said the criminal case remains open.

Valeska said the prosecution was attempting to legally keep the dogs during a civil forfeiture hearing held in front of District Court Judge Lori Ingram.

“We’re trying to seize them through civil action,†Valeska said. “I’m just trying to get the dogs taken care of.â€

Lawyers Stephen Etheredge and Dustin Fowler, who represented Hughes in court, challenged the legal seizure of the dogs in an effort to get their client’s dogs returned to him.

Hughes said after the hearing he believes his dogs should’ve never been taken from his property.

“They’ve never been in a dog fight,†Hughes said.

Hughes also said none of the dogs were being abused. He said the dogs seized were a rare breed called Dogo Argentino.

“It’s not uncommon for dogs of that breed to have their ribs showing,†Hughes said.

Etheredge and Fowler challenged the search warrant obtained by Cottonwood police used to seize the dogs.

Cottonwood Police Chief Mike Meadows testified how police had responded to eight calls for service to the property, including three which were animal complaints. He said two of the complaints were from October 2014, with the third coming in late December.

Fowler questioned Meadows about why police waited over 10 days after the complaint to get a search warrant for the property. He also questioned why police did not put any of the dates of the complaints in the search warrant.

“They were not being fed or watered,†Meadows said as he described what he saw when he responded to one of the two animal complaints. “They were standing in their own feces with nowhere to go.â€

Ingram denied the request from Etheredge and Fowler to throw out the search warrant, calling it a legal search.

Etheredge and Fowler also asked the court to release four of the dogs seized that were not specifically the Dogo Argentino breed. Fowler also asked the court to order any newborn puppies from pregnant seized dogs to be returned to his client.

Ingram said she would consider the arguments made by lawyers and issue a ruling at a later time.

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A dogo Argentino dog waiting to be rescued by The Humane Society of the United States Monday, Jan. 12, 2015 in Cottonwood. (Colin Hackley/AP Images for The Humane Society of the United States)

Prosecutors trying to seize 65 dogs taken from Cottonwood man in January - Dothan Eagle: Local